Miami Truck Underride Accident Lawyer
Few truck accidents are more violent than an underride collision.
An underride accident occurs when a smaller vehicle travels underneath the body or trailer of a large commercial truck. Instead of the passenger vehicle’s front end absorbing the collision as it was designed to do, the truck may penetrate the passenger compartment at windshield or roof height.
The consequences can be catastrophic. Underride crashes can cause traumatic brain injuries, severe head and facial trauma, spinal cord injuries, roof intrusion, decapitation, and death.
These collisions can happen at the rear of a tractor-trailer, along the side of a trailer, or in some circumstances beneath the front of a commercial truck. The direction of impact matters because federal underride-protection requirements do not apply equally to every part of a truck.
At Sotolongo Law, our Miami truck underride accident lawyer investigates not only how the vehicles collided but whether the truck had required underride protection, whether that equipment was properly maintained, and whether the truck driver or trucking company created the dangerous situation that led to the crash.
Why Underride Crashes Are So Dangerous
Passenger vehicles are engineered with structures designed to absorb crash energy. Airbags and seat belts work as part of that overall occupant-protection system.
Those protections can become less effective when a car slides beneath a much taller truck.
In a rear underride collision, for example, the front of the passenger vehicle may pass beneath the trailer until the trailer itself reaches the windshield, pillars, or roof. The primary impact can therefore occur much closer to the occupants.
This phenomenon is why rear impact guards—often called underride guards—exist.
Federal Motor Vehicle Safety Standard No. 223 establishes requirements for rear impact guards, while FMVSS No. 224 addresses rear impact protection on covered trailers and semitrailers. NHTSA strengthened these requirements in 2022 to provide greater protection during crashes in which a passenger vehicle strikes the rear of a trailer.
The presence of a metal bar at the back of a trailer, however, does not necessarily establish that adequate protection was provided.
Its design, condition, installation, and maintenance can all matter.
Rear Underride Accidents
Rear underride crashes are perhaps the best-known form of these accidents.
They can occur when a passenger vehicle strikes the back of a slow-moving or stopped tractor-trailer. Poor visibility can make the danger even worse, particularly at night.
A tractor-trailer may become difficult to perceive if its required lights or reflective conspicuity materials are missing, damaged, dirty, or not functioning properly. A truck stopped partly or entirely within a travel lane can create an especially dangerous situation.
Rear underride accidents can involve questions such as:
- Why was the truck stopped?
- Was it legally and safely positioned?
- Were its lights operating?
- Did it have required reflective markings?
- Were hazard flashers or warning devices used when required?
- Did the trailer have required rear impact protection?
- Was the underride guard damaged, corroded, modified, or inadequately maintained?
The fact that a passenger vehicle struck the rear of a truck does not necessarily end the liability investigation.
The circumstances that made the trailer an obstacle in the roadway can be just as important as the final impact.
Side Underride Accidents
A different danger exists along the side of a tractor-trailer.
A passenger vehicle, motorcycle, or bicyclist can enter the open space beneath a trailer during a side-impact collision. This can happen when a truck crosses or turns through traffic, makes a wide turn, pulls out from a driveway or side street, or blocks lanes at night.
Side underride crashes can be particularly severe because much of the area between the trailer’s wheels is open.
Federal law does not currently impose a universal side underride guard requirement comparable to the rear impact-protection standards applicable to certain trailers. NHTSA has studied side underride guards and established an advisory committee to examine underride protection, but federal regulation of side underride protection remains different from rear-guard requirements.
That does not mean a side underride accident is simply unavoidable.
The investigation should still examine why the truck entered or occupied the path of the smaller vehicle.
Did the driver fail to yield? Make an unsafe turn? Cross multiple lanes without sufficient clearance? Block a dark roadway without adequate warning?
The absence of a federal mandate for a particular piece of safety equipment does not resolve whether negligent driving or other conduct caused the collision.
Rear Underride Guards Must Be Maintained
A safety device provides little protection if it has deteriorated to the point that it cannot perform its intended function.
Federal commercial vehicle inspection requirements specifically include rear impact guards on vehicles required to have them. Inspectors examine matters including whether the guard is missing, improperly located, cracked, broken, or has loose or missing fasteners.
This can make maintenance history important after a serious underride accident.
A guard may have been damaged in a previous collision. Corrosion can weaken components. Bolts or welds may deteriorate. A trailer may have been modified. Previous inspections may have identified problems that were never properly corrected.
If the rear guard failed during the collision, our attorneys may investigate whether that failure resulted solely from the severity of the crash or whether a preexisting condition compromised the guard.
Visibility Can Be as Important as the Underride Guard
Preventing an underride accident is better than trying to reduce its severity after impact.
Commercial trailers are therefore subject to conspicuity requirements designed to make them more visible. Federal rules require specified retroreflective sheeting or reflex reflectors on applicable trailers, including markings along the sides and rear.
Those markings can become critical at night.
A tractor-trailer stretched across a dark roadway can be difficult for an approaching driver to recognize if required reflective materials or lights are missing or poorly maintained. By the time the motorist realizes a trailer is blocking the roadway, there may be too little distance to stop.
An underride investigation may therefore examine photographs of the trailer, lighting equipment, reflective tape, maintenance records, roadway lighting, sight distance, and surveillance or dashcam video.
Turning Trucks Can Create Side-Underride Hazards
Miami’s dense urban environment can create another type of underride risk.
Large trucks require significant room to turn. A tractor may begin changing direction while the trailer follows a different path through the intersection. Cars, motorcycles, bicycles, and pedestrians caught beside the truck can face serious danger.
Truck drivers are trained to account for off-tracking and the space required by their trailers. They must also monitor mirrors and blind spots and make turns only when they can do so safely.
A driver who turns across the path of another vehicle can create the conditions for a side underride crash.
These accidents can be particularly important in areas where commercial vehicles mix with dense local traffic rather than remaining on limited-access highways.
Evidence in a Miami Underride Accident Case
Underride crashes can involve both accident reconstruction and analysis of the truck’s safety equipment.
Important evidence may include:
- The tractor and trailer themselves
- The rear impact guard
- Measurements of guard height and position
- Welds, bolts, and attachment points
- Inspection and maintenance records
- Trailer repair history
- Lighting and reflective materials
- Electronic truck data
- Dashcam and surveillance video
- Photographs of the collision scene
- Roadway lighting and visibility
- Driver logs and GPS records
- Witness statements
Preserving the trailer can be especially important when the condition or performance of an underride guard is disputed.
A trucking company and its insurer may begin inspecting the equipment soon after a fatal or catastrophic crash. The injured person or surviving family should have an opportunity to conduct an independent investigation as well.
Underride Accidents Often Cause Catastrophic or Fatal Injuries
Because underride crashes can involve direct intrusion into the passenger compartment, the medical consequences can be extraordinary.
Survivors may suffer traumatic brain injuries, spinal cord damage, skull and facial fractures, amputations, or permanent neurological impairment. Other underride crashes result in wrongful death.
Attorney Pedro P. Sotolongo’s background gives Sotolongo Law an important perspective on these cases. Pedro P. Sotolongo has more than 20 years of personal injury legal experience and previously spent approximately five years practicing medical malpractice defense, developing a working understanding of medicine that helps him communicate with physicians and medical experts about complex injuries.
Sotolongo Law combines that experience with the personal service of a boutique Miami firm. Because We Care® means understanding both how the crash happened and what it has done to the person and family behind the case.
Frequently Asked Questions About Truck Underride Accidents
Are underride guards required on every commercial truck?
No. Federal rear impact-protection requirements apply to specified trailers and semitrailers and contain exemptions. Whether a particular vehicle was required to have a compliant guard depends on the vehicle and applicable regulations.
Are side underride guards federally required?
There is not currently a universal federal requirement comparable to the rear impact-guard standards requiring side underride guards on all tractor-trailers. NHTSA continues to address underride protection through research and related safety initiatives.
Can a trucking company be liable if the car rear-ended its trailer?
Potentially. Liability depends on the circumstances. An investigation may examine why the truck was stopped, its position on the roadway, lighting and reflective markings, warning devices, driver conduct, and the condition of required safety equipment. Florida’s comparative negligence rules may also become relevant when fault is disputed.
What if an underride guard was installed but broke during the crash?
The guard should be examined to determine whether it complied with applicable requirements and whether corrosion, previous damage, poor maintenance, defective attachment points, or other conditions contributed to its failure. The fact that a guard was physically present does not necessarily answer those questions.
Why should the trailer be preserved after an underride crash?
The trailer itself may contain critical evidence concerning the guard, attachment points, lighting, reflective markings, damage patterns, and mechanics of the collision. An independent inspection can help experts reconstruct how the crash occurred and how the trailer’s safety equipment performed.
Contact a Miami Truck Underride Accident Lawyer
An underride accident requires more investigation than simply determining which vehicle struck the other.
Sotolongo Law examines why the collision occurred, whether the truck was visible, how it was being operated, whether required safety equipment was present and properly maintained, and whether failures by the driver, trucking company, or another party contributed to catastrophic injuries or death.
Pedro P. Sotolongo brings more than 20 years of personal injury experience and an understanding of the medical issues involved in life-changing injuries. Our boutique firm is prepared to take on large trucking companies and insurers while providing personal attention to clients throughout Miami and South Florida, including Miami’s vital Spanish-speaking communities.
Contact Sotolongo Law today for a free consultation. There is no attorney’s fee unless we obtain a recovery for you.