Truck underride collisions are among the most severe types of crashes on the road. These accidents occur when a smaller vehicle slides beneath a commercial truck, often resulting in catastrophic injuries. Survivors may face lifelong medical challenges, while families may struggle with the loss of a loved one. Understanding the legal aspects of these crashes is essential.
Liability in truck underride accidents
Determining fault in a truck underride accident can be complex. In many cases, multiple parties may be responsible, including the truck driver, trucking company, and vehicle manufacturers. If a truck lacks proper underride guards or has defective safety equipment, the company that owns or maintains the truck may be liable. Additionally, poor lighting or reflective markings on a truck can contribute to an accident, making the trucking company responsible for failing to meet federal safety regulations.
Legal rights for catastrophic injury victims
In Kentucky, individuals who suffer catastrophic injuries in an underride accident may pursue compensation for medical expenses, lost wages, and pain and suffering. Kentucky follows a pure comparative negligence rule, meaning that even if a driver shares some fault, they can still recover damages. However, the amount they receive will be reduced based on their percentage of fault. Legal claims often focus on negligence, defective equipment, or failure to comply with federal trucking regulations.
Federal and Kentucky safety regulations
Federal law requires most commercial trucks to have underride guards to prevent these collisions. However, not all trucks comply, increasing the risk of severe injuries. Kentucky enforces federal trucking regulations but also allows injury victims to pursue legal action against non-compliant trucking companies. State laws may also affect how damages are awarded and the time limits for filing a lawsuit, making it essential to act quickly.
Seeking justice after a devastating crash
Truck underride accidents leave survivors with long-term consequences. Holding negligent trucking companies accountable can help prevent future tragedies and provide financial relief for injured individuals and their families. Legal action can secure compensation for medical care, rehabilitation, and other expenses caused by these life-altering crashes.
If you’ve been injured in a truck underride accident, talk to the experienced motor vehicle accident lawyers at Edwards & Kautz.