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How Liability Is Determined After An Underride Accident

7 November 2022

Dianne Ellis

There are certain types of car accidents that usually only occur with a commercial truck. One example of a common car accident is one involving an underride crash. This involves the commercial truck sliding over your vehicle. This can easily total your car and cause serious injuries. However, receiving compensation for the accident won't be easy.

How Underride Crashes Happen 

There are various ways you might be involved in an underride car crash. You might be behind the truck while it's backing up and it might crush your vehicle as a result. Or, the driver might be changing lanes and slide over your vehicle. Regardless of how serious your accident is, you'll need to prepare for a legal battle to receive compensation.

Why the Insurance Provider Won't Want to Reimburse You

The truck driver will likely be insured by a commercial insurance provider. Unlike auto insurance providers, commercial insurance providers typically carry high policy limits due to the extensive damages that a commercial truck can cause.

However, a commercial insurance provider will not want to pay out the entire policy limit and will also not want the truck driver to be viewed as being liable for the accident. Therefore, they will look for any excuse to exaggerate your role in the accident and to downplay the role of the commercial truck driver.

How to Determine Liability

Either driver could potentially be at fault for the accident. One factor to take into consideration is whether the truck had underride guards. These must be added to a commercial truck to protect a driver in the event of a collision. If the company that the commercial truck driver was working for did not comply with these regulations, they might then be held liable for the accident.

Common Underride Accident Scenarios

Truck drivers are also required to show a duty of care when operating their vehicles. Reckless actions can lead to underride accidents. For example, the truck driver might suddenly slam on their brakes and you might not be able to stop in time to avoid an underride accident. 

Another common situation is when a truck driver fails to check their blind spot when changing lanes. The driver might then drive over your vehicle and cause an underride accident. 

Because there are so many details that will affect the outcome of your commercial truck accident case, it's essential to involve an experienced truck accident lawyer in your case as soon as you can. By having the facts on your side, you'll have an easier time negotiating a larger settlement.

For more info, contact a company like The Radmore Law Firm.

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