Partner
In collisions involving large commercial trucks, one of the most devastating outcomes occurs when a smaller passenger vehicle slides underneath the truck’s trailer. These types of accidents, known as underride accidents, often result in catastrophic injuries or fatalities. To mitigate these risks, most trailers are required to have rear underride guards under federal law. However, some trucks are exempt. However, when these guards fail due to poor design, inadequate maintenance, or non-compliance with federal standards, serious legal questions arise about who is liable. Keep reading for more information from Scott Scherr at The Payne Law Group.
What Are Underride Guards?
Underride guards are rigid metal structures mounted to the rear—and sometimes sides—of large trucks and trailers. Their primary function is to stop a car from sliding underneath the truck in the event of a collision. There are two main types:
- Rear underride guards, mandated by the federal government, are required on most trailers.
- Side underride guards, while not federally mandated in the U.S., are increasingly recommended as a safety measure.
When these guards are properly maintained and installed, they can prevent fatalities and protect vehicle occupants. But when they fail or are absent, the consequences can be deadly.
Federal Safety Standards and Compliance
The National Highway Traffic Safety Administration (NHTSA) sets the federal regulations for underride guards. These standards are laid out in Federal Motor Vehicle Safety Standard (FMVSS) No. 223 and No. 224, which establish strength requirements, impact resistance, and dimensional standards for rear guards on trailers.
Unfortunately, not all guards in use meet current safety recommendations. Even more concerning is that side underride protection is not required under federal law, leaving a major gap in safety. Some common compliance issues include:
- Guards installed too high off the ground
- Inadequate welding or materials
- Older trailers not retrofitted to meet newer safety standards
If a trucking company fails to meet these federal requirements and an underride crash occurs, its non-compliance may serve as a basis for liability.
Who Is Liable When Underride Guards Fail?
When a failure of an underride guard contributes to a serious injury or death, multiple parties may bear responsibility, including:
Trucking Companies
Truck owners and fleet operators are responsible for ensuring their vehicles comply with federal safety regulations. If a company knowingly operates trailers with inadequate or damaged underride guards, it could be held liable for negligence. Liability may arise from:
- Failing to inspect or repair damaged guards
- Ignoring updated safety standards
- Operating vehicles not in compliance with FMVSS 223/224
Truck Manufacturers
In some cases, the underride guard may be defectively designed or manufactured, making the original truck or trailer manufacturer potentially liable for any resulting injuries. Product liability claims may focus on:
- Inadequate testing of the guard
- Failure to warn about limitations
- Design flaws that fail to meet safety standards
Maintenance Contractors
If a third-party maintenance company is responsible for inspecting or servicing the truck, they may also be liable for any failure to identify or fix a faulty underride guard.
Evidence Collection in Underride Accident Cases
Proving liability in underride guard failure cases requires strong evidence and detailed investigation. Victims or their families should act quickly to preserve evidence such as:
- Photographs of the accident scene, especially showing the position of the vehicle in relation to the truck
- Maintenance records from the trucking company or repair contractors
- Inspection reports documenting guard condition
- Analysis of whether the guard met federal standards
Working with an experienced personal injury attorney is critical to conducting a thorough investigation and identifying all potentially liable parties.
Why Underride Accidents Are So Devastating
Even at moderate speeds, an underride crash can shear off the roof of a passenger car, bypassing crumple zones and airbags. This makes the injuries particularly severe, often involving:
- Traumatic brain injuries
- Spinal cord damage
- Fatal head trauma
Victims may face lifelong medical treatment, permanent disability, or death. Families suffer enormous emotional and financial losses, often without fully understanding that the accident could have been prevented with proper underride protection.
How Scott Scherr at The Payne Law Group Can Help
Scott Scherr at The Payne Law Group understands the complexities of underride crash cases. These accidents often involve both federal safety violations and intricate questions of product liability. With decades of experience in Texas personal injury litigation, the firm has the knowledge and resources to take on major trucking companies and manufacturers.
When you work with Scott Scherr at The Payne Law Group, you can expect:
- Aggressive investigation into potential guard failures and non-compliance
- Collaboration with accident reconstructionists and engineering experts
- Compassionate guidance for families dealing with tragic losses
- A commitment to holding negligent parties accountable
If you or a loved one has been injured in an underride accident, don’t wait. Critical evidence can be lost if action is delayed.
Protecting Victims and Preventing Future Tragedies
Underride guard failures are not just mechanical flaws—they represent missed opportunities to save lives. By holding manufacturers, trucking companies, and others accountable, victims can seek justice and push for safer practices across the industry.
If you believe an underride guard failure contributed to your accident, contact Scott Scherr at The Payne Law Group for a free case evaluation.