Underride Accidents

Commercial trucks differ from standard vehicles in many ways, including the fact that there is a much greater distance between the ground and the bottom of the trailer area of a truck. Thus, if a car rear-ends a commercial truck, the car may go under the trailer, which is referred to as an underride accident. While the severity of injuries sustained in typical rear-end collisions varies, the injuries caused by underride accidents are generally catastrophic and, in many cases, deadly. If you or a loved one were involved in an underride accident with a commercial truck, it is wise to speak with an attorney regarding whether you may be owed compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse personal injury attorneys have ample experience helping injured parties recover damages in trucking accident cases, and if you engage our services, we will zealously pursue a successful outcome on your behalf. We regularly represent people hurt in trucking accidents in lawsuits in Syracuse, as well as in Rochester and cities throughout Upstate New York.

There are numerous factors that can contribute to an underride accident. For example, inclement weather can create slippery conditions or limited visibility that make it difficult to see a truck or stop in time. Underride accidents can also occur when a driver simply follows too closely behind a commercial truck. The truck driver’s conduct can cause an underride accident as well. In other words, if the driver changes lanes without signaling or parks on the shoulder of a highway without proper illumination, it can result in an underride accident. Additionally, underride accidents can occur when a truck doesn’t have appropriate underride guards, lights, or reflective tape on the rear of the vehicle, as required by the Federal Motor Carrier Safety Administration Regulations.

In most cases involving rear-end accidents, the driver of the vehicle that struck the other vehicle from behind is liable for the accident. Underride truck accidents differ from typical rear-end collisions, however, because, as set forth above, the actions of the truck driver may contribute to or cause the accident. Thus, liability is often disputed in cases involving underride accidents. Generally, a person injured in an underride accident will allege that the negligence of the truck or the company that owned the truck and employed the driver caused the accident. To prove negligence, a plaintiff must show that the defendant had a duty to act in a manner established by the applicable standard of care and that the defendant's behavior deviated from the standard, constituting a breach. The plaintiff must then prove that the breach caused the accident and that he or she suffered quantifiable damages because of the accident.

In many instances, defendants in underride cases will not only dispute that they caused the accident but also argue that the plaintiff is at fault for the accident and assert that the plaintiff should not be awarded any damages. Under New York law, however, even if a plaintiff is partially responsible for causing an accident, they may still recover damages, but any compensation awarded will be reduced in proportion to their fault.

A plaintiff who proves another party is liable for causing an underride accident may be awarded compensation for both the economic and noneconomic harm caused by the accident. Economic harm includes the cost of any medical treatment and care that will be necessary in the future, as well as any lost earnings caused by the accident. Noneconomic harm typically refers to the suffering, pain, and emotional distress caused by the accident.

Underride accidents often cause devastating injuries, and parties that fail to take the steps necessary to avoid such accidents should be held accountable. If you suffered injuries in an underride accident involving a commercial truck, it is in your best interest to talk to an attorney to discuss what recourse may be available for your harm. The skilled Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers possess the knowledge and experience needed to obtain favorable outcomes, and if you hire us, we will fight diligently to help you pursue any compensation you may be owed. Our main office is in Syracuse, and we frequently represent parties in trucking accident cases in Syracuse, Rochester, and other cities in Upstate New York. You can contact us to arrange a free and confidential meeting by using our online form or by calling us at 833-200-2000.