Truck accidents involving underride and override scenarios are among the most severe. These types of crashes occur when a passenger vehicle ends up under or is run over by a commercial truck, often leading to catastrophic injuries or fatalities. This article explains how underride and override accidents happen, who may be liable, and what legal steps you should take if you’re involved in one.
In this article, we will shed light on underride and override truck accidents. Also, you will learn what you should do if you are injured in a truck accident.
Underride Accidents: How They Happen?
Underride accidents occur when a smaller vehicle slides beneath the rear or side of a large truck. These incidents often result from poor visibility, sudden stops, or inadequate underride guards. Contributing factors include:
- The truck stopping abruptly
- Lack of reflective tape or lighting
- Missing underride guards
- Low visibility in rain or fog
- Improper lane changes or parking without lights
What are the Causes of Override Accidents?
Override accidents happen when a truck runs over the back of a smaller vehicle, sometimes shearing off its roof. These accidents may occur due to:
- Tailgating by the truck driver
- Brake or tire failure
- Poor weather and reduced visibility
- Speeding or failure to yield
- Mechanical issues like steering failure
Liability in Underride and Override Accidents
Liability in Underride and Override AccidentsThe reasons for the underride or override accidents will determine negligence. These types of accidents commonly occur due to the negligence of one or both of the drivers. The negligence can occur due to many different reasons, such as:
- Negligence of either driver
- Negligence on part of the trucking company in hiring an inexperienced or known problematic driver
- Truck driver DUI
- Mechanical issues due to poor maintenance
In some cases, the driver of a passenger vehicle can also be fully or partially liable. This is the case when the driver is following the truck too quickly or stops the car abruptly. Liability for an underride or override accident must be thoroughly investigated by professionals who have done this type of work before.
What You Should Do If Involved in an Override or Underride Accident?
If you are involved in an underride or override accident, contact a qualified truck accident attorney immediately. A lawyer can:
- Investigate the scene and gather crucial evidence
- Secure dashcam footage, black box data, and police reports
- Identify liable parties (driver, employer, manufacturer)
Quick legal action improves your chances of a favorable outcome.
Let’s suppose that a truck driver rear-ends your car that results in a serious overriding accident. The accident results in a lengthy hospital stay. The trucker claims that it was not possible to slow down due to poor road conditions. However, after seeing the dashcam of the truck it’s revealed that the driver had slammed the brakes only about three seconds after impact. This could potentially show that the driver was negligent and not paying attention to the road. The information can be used to prove beyond any reasonable doubt that the truck driver had caused the override truck accident.
Act Fast to Claim Your Legal Right
Act quickly to preserve your legal rights. Delays can result in lost evidence or missed deadlines. Each state has a statute of limitations—typically two to four years—for filing personal injury claims. In some states, you must also seek medical treatment within a limited period (such as 14 days). Even if injuries are not immediately visible, a medical exam is essential.
In addition, the statute of limitation requires that you file a truck accident case within a specified time period and varies by state. You will lose your right to sue the guilty driver after you’ve exceeded the statute of limitations within the state. The statute of limitation generally varies from two to four years, but there are exceptions.
You should also not wait to get treatment when involved in an override or underride accident. Some state laws require that you get treatment within 14 days of an accident. Even if you don’t experience any visible injuries, you should consider getting a medical examination. Some injuries, particularly brain injuries and whiplash, don’t become apparent until a few weeks after an accident.
A Summary of Underride & Override Accidents
Override and underride truck accidents are dangerous. Determining liability in such cases is not easy. You need to get the help of a professional attorney with years of experience in fighting personal injury cases involving truck accidents.
You should contact a truck accident attorney soon after an underride or override crash. A professional truck accident lawyer will provide legal counsel on how to increase your chances of a positive court outcome. The attorney will handle all legal requirements in filing a court case. This will save a lot of time and hassles involved in fighting a truck accident case.
With the help of an experienced attorney, you could be eligible for compensation for financial losses from the at-fault driver. In the case you have lost your loved one, you can also contact an attorney to file a wrongful death claim against the guilty party. The attorney will make sure that you get compensated for the loss of wages, companionship, and also emotional stress suffered due to the truck accident.