An underride accident is a type of truck accident where a car or other standard passenger vehicle collides with a commercial truck and all or part of the vehicle goes under the rear or side of the commercial truck. These accidents can be very deadly for the driver or passengers of the vehicle that collides with the tractor-trailer. In underride accidents, it is not uncommon for the top of a vehicle to be partially or completely sheared off. When this happens, many of the vehicle’s safety features are rendered useless, and passengers of the vehicle can even be decapitated. If you have been injured or a loved one has been killed in an underride accident, the Memphis truck accident attorneys at Nahon, Saharovich & Trotz may be able to assist you in bringing a personal injury or wrongful death claim. We are the largest personal injury law firm based in Tennessee, and we have been working to ensure that accident victims and their surviving family members obtain fair compensation for over 25 years.Asserting Claims Against Truck Drivers and Their Employers
As with other truck accident cases, victims of underride accidents must first gather proof sufficient to establish a claim for negligence against the driver of the commercial truck and possibly their employer. A critical part of establishing a negligence claim is figuring out how the accident happened. Underride accidents can happen in several ways. Sometimes they occur when a commercial truck driver backs their truck up without realizing that there is a car behind the truck, causing the rear of the truck’s trailer to collide with and pass over the car. Underride accidents can also happen when a truck driver merges into another lane without realizing that a car is already in that lane, causing the car to go under the side of the truck’s trailer. Many times, these accidents are the result of distracted driving, fatigued driving, or driving while intoxicated.
In addition to the driver of the commercial truck, the truck driver’s employer may also be held liable for the accident. Under the doctrine of vicarious liability, trucking companies can be held responsible for the actions of their drivers that occur within the course and scope of the driver’s employment. There are also other legal theories that can be used to obtain recovery from the trucking company. Depending on the type of commercial truck, it may be prudent to install guards on the truck to prevent cars and other passenger vehicles from going under the truck’s trailer. If that guard is not in place, or if the guard used is not strong enough, then the company may be held responsible for failing to act reasonably and/or failing to properly maintain their vehicle. A truck accident lawyer can hire experts when necessary to help prove liability.Discuss Your Underride Accident Case with Our Memphis Attorneys
At Nahon, Saharovich & Trotz, our Memphis lawyers are dedicated to ensuring that 18-wheeler accident victims and their surviving family members are fairly compensated for their losses. With over 30 attorneys and more than 100 support staff members, we have the experience and resources to fight back against aggressive trucking companies and their insurance carriers. To discuss your truck accident case with a motor vehicle collision lawyer today, call our office at 1-800-LAW-4004 or complete our online form for a free consultation. Our firm has helped accident victims throughout Tennessee, Missouri, Mississippi, Kentucky, and Arkansas, and we are eager to help you as well.