Underride Truck Accidents
An underride accident happens when a car slides underneath the rear or side of a truck trailer. The trailer bed often strikes the car at windshield height, bypassing crumple zones and airbags. Federal rules require rear impact guards on most trailers, but there is currently no federal requirement for side underride guards.
Why are underride crashes so dangerous?
A passenger car's bumper, crumple zones and airbags are designed to meet another car's bumper. A trailer deck sits much higher, so in an underride the first thing to hit the trailer is often the windshield pillars and roof. That is why underride crashes cause a high share of severe head and neck injuries and deaths.
Rear underride usually happens when a car hits a slowing or stopped trailer. Side underride usually happens when a trailer blocks the road while turning, backing or crossing, especially at night when the trailer side is hard to see.
What safety rules apply to underride guards?
Most trailers must carry a rear impact guard that meets federal standards (49 CFR 393.86 and NHTSA's FMVSS 223 and 224). Trailers must also carry retroreflective conspicuity tape so they can be seen at night (49 CFR 393.11).
- A missing, bent, rusted or poorly repaired rear guard can be evidence of negligent maintenance.
- Missing or dirty reflective tape can point to a visibility failure by the carrier.
- No federal rule requires side guards, so side underride claims usually focus on how the driver turned, parked or crossed the road.
Who is liable for an underride accident?
Liability depends on how the crash happened. The truck driver may be at fault for stopping suddenly, parking on the shoulder without warning triangles, or turning across traffic. The carrier may be liable for a defective or poorly maintained guard. The trailer or guard manufacturer can be liable if the guard failed at impact because of a design or manufacturing defect.
Preserving the trailer is critical: the guard itself is the key evidence, so a preservation letter should go to the carrier before the trailer is repaired or scrapped.
Frequently asked questions
What is an underride truck accident?
It is a crash in which a car slides under the back or side of a truck trailer. Because the trailer bed sits above the car's bumper, it often strikes the passenger compartment directly.
Are trucks required to have underride guards?
Most trailers must have a rear impact guard under 49 CFR 393.86 and federal vehicle safety standards. There is currently no federal requirement for side underride guards.
Who pays after an underride crash?
Depending on the facts, the truck driver, the trucking company, the trailer owner or the guard manufacturer can be responsible. Each may carry separate insurance, so all of them should be investigated.
Can I claim if I hit the back of a truck?
Often, yes. Hitting a truck from behind does not automatically make you fully at fault if the truck stopped illegally, had no lights or reflectors, or had a defective rear guard. Most states reduce rather than bar compensation for partial fault.
What evidence matters most in an underride case?
The trailer and its rear guard, maintenance and inspection records, the truck's engine and ELD data, photos of the scene and lighting, and any dashcam footage. The trailer should be preserved before it is repaired.