Underride Truck Accident Lawyers in Kansas
Tractor-trailers take up more space and require more space to maneuver compared to passenger vehicles. The large size and limited maneuverability of these vehicles create unique risks for Kansas drivers. For example, the area between the back wheels of the tractor and the front wheels of the trailer is particularly dangerous, and it’s often referred to as “the kill zone.”
When a large semi-truck and a car get into an accident, people in the car are at serious risk of injury and death. This is especially true when it comes to underride truck accidents.
What Is an Underride Truck Accident?
An underride truck accident involves a car or other small vehicle going underneath the rear wheels of a larger semi-truck, resulting in the smaller vehicle coming to rest underneath the larger vehicle. As you can imagine, these kinds of accidents often lead to fatalities because the heavier truck tends to crush the top of the smaller vehicle. Car passengers who survive these accidents still typically suffer devastating injuries, such as severe brain trauma or dismemberment.
Types Of Underride Collisions
An underride truck accident can happen in a few different ways, but it is most typically associated with rear-end collisions. Other types of these accidents include side underride and trailer-swing collisions.
Rear-Underride Accident
A rear underride accident typically starts as a rear-end collision, with a smaller, lower-profile vehicle crashing into the back of a tractor-trailer. The high clearance beneath the truck and the wheels’ ability to rotate both allow for the smaller vehicle to continue traveling forward underneath the semi. In some situations, the bottom edge of the trailer will shear off the top part of the car, potentially killing the occupants in the process.
It’s easy to imagine this as an accident taking place at high speeds along an Interstate highway. However, a study by the National Highway Traffic Safety Administration (NHTSA) revealed that an overwhelming majority of rear underride collisions involve a semi being either stationary or moving five miles per hour at most, while the average speed of the smaller colliding vehicle was around 60 mph. Agency officials tended to categorize many of these accidents as “surprise” incidents when the driver of a fast-moving car unexpectedly came upon a stopped or slowly moving tractor-trailer.
Thus, when a driver parks their semi on the shoulder of the highway or on an off-ramp, it significantly increases the odds of an underride truck accident taking place. If you’ve ever passed a parked tractor-trailer on the side of the road late at night, then you can probably imagine that it only takes a few seconds of distraction for another driver not to notice the parked truck until it’s too late.
This heightened risk for an underride accident is so well-known in the trucking industry that they even have a name for trucks parked on the side of the road — sitting ducks. In fact, some states and municipalities have made it illegal for drivers to park a tractor-trailer on the side of the road.
Another risky situation is when a large semi attempts to merge into highway traffic, traveling at high rates of speed. Because it takes much longer for a large truck to get up to speed than a smaller car, the slow rate of acceleration can catch other drivers off-guard. If those other drivers are speeding, it gives them much less time to react to a slow-traveling tractor-trailer.
Side-Underride Accident
Large trucks also have a lot of space underneath them for other vehicles to slip into. If this space is in oncoming traffic, it opens up the possibility of a side-underride accident. Hence, intersections and driveways are the most common locations for these kinds of accidents. Left turns and right turns are two particular situations in which a side-underride accident is more likely to occur.
It can take as long as 15 seconds for a tractor-trailer to complete a left turn. During much of that time, empty space beneath the trailer is fully exposed to oncoming traffic. If the driver of another vehicle is distracted or has mechanical issues, the vehicle could collide with the side of the trailer and end up underneath it.
To reduce the risk of this type of side-underride accident, truck drivers are trained to begin their left turn only after they have entered the center of the intersection, minimizing the amount of time the space below the trailer is exposed to oncoming traffic. Truck drivers are also trained to avoid left turns where possible.
Right turns can also result in a side-underride accident. The greatest risk is when a truck driver slightly swings the truck to the left before making a right-hand turn. This improper technique increases the risk of another vehicle trying to squeeze past the truck on its right. Truck drivers are trained to avoid making this type of turn. Instead, they are supposed to turn right directly into the next street after clearing the curb.
Side-underride accidents can also happen when a truck is blocking an intersection or driveway. They can also happen when a tractor-trailer is backing up or making a U-turn. Low light, poor road conditions, and traffic congestion can also increase the risk of a side-underride accident.
Trailer-Swing Underride Accident
Under bad road conditions, the trailer of a large truck can start to skid and rotate at a different angle than the tractor. Referred to as either “trailer swing” or “jackknife,” this situation can result in the trailer entering adjacent traffic. If the trailer passes over a car in the adjacent lane, it can cause a serious crash, and devastating injuries are likely to occur.
When Truck Driver Error Leads to an Underride Accident
Experienced underride truck accident lawyers will tell you that these accidents are often preventable, and one of the biggest causes of these accidents is driver error. To be fair to truck drivers, driving these massive machines is no easy task, and nobody is perfect. That being said, when someone’s mistake leads to catastrophic injuries and damages, they should be held responsible.
Driver error is often associated with tractor-trailer’s large blind spots, which are located on the sides and rear of the trailer. Properly trained and experienced drivers compensate for these blind spots by being extra cautious while changing lanes, accelerating, braking, and stopping their trucks.
Good truck drivers are capable of making life-saving, split-second decisions when something unexpectedly emerges out of a blind spot. Unfortunately, newer drivers don’t have experience to lean on. They may not adequately compensate for their blind spots, and they may not have the instincts needed to handle something emerging quickly from a blind spot.
Many drivers are overworked by their employers, and this can result in driver fatigue. There are strict regulations on how much rest a driver must have, but these regulations are often disregarded. When a driver is tired and overworked, their reaction times are slowed, and judgment is impaired.
The sad truth is that some truck drivers operate their rigs while under the influence of drugs or alcohol. Whether they are using stimulants to stay awake on the road or abusing alcohol, drivers who are impaired put themselves and everyone around them at risk by significantly increasing the chance of driver error.
Drivers also sometimes make mistakes when it comes to maintaining and inspecting their trucks. If a truck isn’t properly maintained and regularly checked, mechanical issues could go unaddressed, and it could result in a deadly breakdown. In this situation, a mechanical breakdown might be the direct cause of an accident, but the driver is also at fault for failing to take the steps needed to ensure their vehicle is road-ready.
Other Common Causes of Underride Truck Accidents in Kansas
While driver error is a primary cause of underride truck accidents, lawyers often find other causes for these devastating types of crashes. These common causes include the following:
Poor visibility. Poorly lit highways make it difficult for drivers and other vehicles to see a semi-truck on the side of the road.
Visibility. There’s an even bigger issue when a truck’s tail lights, safety lights, and various reflectors are dirty, in poor condition, or don’t work.
Speeding. There is a direct relationship between speed and the risk of an accident, whether that’s an underride truck accident or a head-on collision. Speeding is even more of a concern around large trucks because they accelerate slower than other vehicles.
Not using roadside safety triangles. Because a semi-truck parked on an off-ramp or the side of the road is such a safety hazard, truck drivers need to put up reflective roadside safety triangles to warn other drivers.
U-turns. When a large truck attempts a U-turn, it creates a highly dangerous situation, especially when it comes to the increased risk of underride truck accidents. Truck drivers should only attempt a U-turn when they are 100 percent sure there isn’t any traffic or pedestrians nearby.
Illegal truck parking. When a truck is parked illegally, it is often in a location that wouldn’t be expected. This situation puts the responsibility on drivers of other vehicles to avoid the truck and a serious accident.
Underride truck accident lawyers have significant experience with all causes of these types of collisions. They understand that multiple factors often contribute to an accident, and they know how to analyze evidence to determine the true cause of this kind of accident.
Common Injuries in Underride Truck Accidents
The top half of most passenger cars are not designed to withstand significant force. At the same time, most trailers are built to withstand significant mass because they must carry heavy cargo. This contrast is what makes underride truck accidents so dangerous.
When the strong back edge of a trailer shears off the weaker top of the passenger vehicle, it also typically causes serious injuries to the heads and bodies of any individuals in the car. Therefore, common injuries sustained in underride truck accidents typically include traumatic brain injury and decapitation. Other injuries we’ve seen in Kansas accidents include:
- Spinal cord injuries
- Skull fractures
- Disfigurement
- Broken bones
- Internal organ damage
Sadly, these injuries are often severe and lead to the deaths of those who sustain them.
Are Underride Guards Effective?
Underride guards are reinforced steel bars that can be installed at the rear and sides of large truck trailers. These guards are designed to prevent a colliding vehicle from going underneath a trailer, effectively preventing an underride accident. They have also been designed to work in conjunction with a passenger vehicle’s standard safety measures, such as airbags and crumple zones.
Federal regulations mandating underride guards on the rears of tractor-trailers went into effect in the late 90s. In one study by the National Highway Traffic Safety Administration (NHTSA), these guards decreased fatalities in rear-end collisions by 27 percent.
While underride guards have been proven effective when installed at the rear of trailers, there is no federal mandate for underride guards to be placed at the sides of trailers as of 2023. The NHTSA has been considering such a mandate, but its research indicates that the costs of installation would be significant while it would save about 17 lives per year. Safety advocates say that number grossly underestimates the number of potential lives saved.
Putting that debate to the side, these guards must be properly installed and maintained. If they are not, they may not be able to prevent underride collisions.
Other Safety Measures to Prevent Underride Truck Accidents
In addition to underride guards, there are a number of other modern safety measures in place that can help to prevent underride truck accidents and hold drivers accountable. These measures include:
- Air disc brakes
- Automated braking systems
- Stability control
- Blind-spot monitoring
- Adaptive cruise control
As with passenger cars, digital technology is revolutionizing safety in trucking, and we should expect to see our roadways get safer as trucks adopt the latest digital safety measures.
Let Our Kansas Underride Truck Accident Lawyers Fight for You
At Bretz Injury Law, our team of attorneys has significant experience in dealing with all types of truck accidents, including underride truck accidents. Our knowledgeable underride truck accident lawyers understand the operation of semi-trucks and how negligence can lead to truck accidents.
Unlike attorneys at other firms that rush to get a settlement, our lawyers are willing to investigate truck companies, go to the scene of an accident, talk to witnesses, and do whatever it takes for our clients. If you are looking for a law firm that’s willing to go the extra mile for your case, contact us online or call 620-RESULTS today.
