Who is liable for the aftermath of a deadly underride crash?

Some kinds of crashes can occur under a variety of circumstances. A side-impact or angle collision can involve any type of vehicle in a broad range of different scenarios. Other types of crashes have an association with a specific type of vehicle.

Underride collisions are a perfect example. An underride collision occurs when a passenger vehicle strikes the trailer of a semi-truck from the rear or the side. The momentum of the smaller vehicle forces it under the trailer, often leading to fatal injuries for vehicle occupants.

Those left behind after a deadly underride crash often want answers and justice. They may want to hold someone accountable for the tragedy their family has experienced. The circumstances leading to the crash may influence who is ultimately liable for the aftermath of the wreck.

Liability and fault are often complex

A significant portion of semi-truck crashes, including underride crashes, occur due to something that the professional driver did or failed to do. If they merge into another lane of traffic without checking their blind spots, for example, they might be directly at fault for a tragic underride collision.

In many cases, their employers share a degree of fault as well as liability. A transportation company may be partially to blame for an underride collision due to poor vehicle maintenance. If a rear underride guard is rusty and weak, it may not protect the smaller vehicle when a crash occurs.

The refusal to invest in side underride guards could also contribute to a transportation company’s responsibility for an underride crash. Issues related to driver training and employment schedules can also potentially contribute to crash risk. Beyond that, employers generally have a degree of vicarious liability in scenarios where their employees cause crashes.

The people affected by underride collisions may be able to file an insurance claim using the large commercial policy covering the truck. They may also have grounds for a personal injury lawsuit against the driver as well as their employer. The details of the crash influence fault, liability and compensation options.

Reviewing the circumstances surrounding a fatal semi-truck crash with a skilled legal team can help families determine the best response. Those grieving a preventable underride crash may need help holding the right parties accountable for the tragedy that occurred, and that’s okay.