Chicago Underride Truck Accidents Lawyer
Commercial truck accidents are not uncommon in and around the Chicago area, and they often lead to major injuries for those involved. Unfortunately, one type of accident, referred to as an underride accident, can be particularly devastating for those inside smaller vehicles. At Taxman, Pollock, Murray & Bekkerman, LLC, we are here if you need a truck accident attorney in Chicago by your side. We understand the challenging aspects associated with these claims, particularly when it comes to determining liability. Let us offer a free consultation so we can discuss how to help you secure compensation for your losses.
What Is an Underride Accident and How Do They Occur?
An underride accident occurs when a smaller vehicle, such as a sedan, slides underneath the rear or side of a larger commercial truck, such as a tractor-trailer. Unfortunately, these collisions are particularly dangerous because the top of the smaller vehicle can be crushed, leading to disastrous consequences for passengers. The design of many commercial trucks makes them prone to underride accidents, as the space between the bottom of the truck’s trailer and the road is often high enough for smaller vehicles to slip underneath.
Underride accidents can occur in a variety of scenarios, including:
- Sudden stops. If a truck driver stops abruptly, a vehicle following too closely behind may not have enough time to stop, resulting in the car sliding under the rear of the truck. This is especially common on busy highways and during heavy traffic.
- Poor visibility. Low visibility conditions, such as fog, rain, or evening/night driving, can make it difficult for drivers to see the truck ahead of them. If the truck lacks proper reflective markings or lights, it increases the risk of an underride accident.
- Lane changes. If a truck driver makes an unsafe lane change without checking their blind spots, a vehicle in the adjacent lane may collide with the side of the truck and slide underneath.
- Lack of underride guards. Underride guards are safety features installed on the rear and sides of trucks to prevent smaller vehicles from sliding underneath. However, not all trucks are equipped with these guards, or they may be poorly maintained, increasing the likelihood of an underride accident.
Will the Trucking Company Get Held Liable for an Underride Accident?
Determining liability in an underride accident can be complex, as it often involves multiple parties. In many cases, the trucking company may be held responsible, particularly if the incident was caused by negligence. Some factors that could establish the trucking company’s liability include:
- Failure to install or maintain underride guards. If the trucking company failed to equip their trucks with adequate underride guards or did not properly maintain these safety features, they could be held liable for the accident. Federal regulations require trucks to have rear underride guards, but side underride guards are not yet mandatory, leaving room for potential liability if they were not installed.
- Negligent hiring or training practices. Trucking companies are responsible for ensuring that their drivers are properly trained and capable of operating their vehicles safely. If the driver involved in the underride accident was not adequately trained or had a history of unsafe driving, the trucking company could be liable for failing to uphold their duty of care.
- Improper maintenance of the truck. If the underride accident was caused by a mechanical failure, such as faulty brakes or worn tires, the trucking company could be held liable for failing to maintain the vehicle properly. Regular inspections of each vehicle and proper maintenance when warranted are crucial for preventing accidents, and neglecting these responsibilities can result in liability for the company.
- Driver negligence. If the truck driver’s actions directly caused the underride accident, such as through reckless driving, distracted driving, or violating traffic laws, both the driver and the trucking company could be held liable. Trucking companies are often responsible for their drivers’ actions while they are on the job.
Contact Taxman, Pollock, Murray & Bekkerman, LLC for a Free Consultation
If you have been harmed in an underride truck accident in Chicago, the experienced attorneys at Taxman, Pollock, Murray & Bekkerman, LLC are here to help. We understand the complexities involved in these cases and will work tirelessly to secure the compensation you deserve. Contact us today for a free consultation to discuss your claim by visiting our website at Taxman, Pollock, Murray & Bekkerman, LLC or calling us at (312) 586-1700.