Underride accidents happen when a passenger car or motorcycle strikes the back of a tractor-trailer, resulting in the car moving underneath the body of the truck. They most often happen because there is no guard on the back of the truck, but sometimes they occur due to a lack of conspicuous markers on the back of the truck. Most underride accidents result in catastrophic injuries to the person in the smaller vehicle. At Feizy Law Office, our truck accident attorneys can guide Dallas residents and others through the process of seeking compensation.Holding a Negligent Driver Accountable for an Underride Accident
If there is no rear guard on the back of a large truck or tractor-trailer, or the rear guard is weak and fails, the driver and passengers of a car that passes beneath it are likely to suffer serious harm. In some cases, due to weather conditions, a driver may not see the truck very well due to a lack of reflective paint or other markers. There are federal regulations regarding the use of reflective agents and rear guards, but unfortunately not all trucks are in compliance.
If you are injured due to a failure of the rear guard or a lack of markers on the truck, you may be able to sue for negligence. In a negligence lawsuit, you would need to prove the duty of the truck owner or trucking company, a breach of that duty, causation, and actual damages. Since functional rear guards are mandated, you may be able to sue under a theory of negligence per se. This theory applies when a defendant violates a safety regulation, the plaintiff is a member of the class the regulation was supposed to protect and has suffered an injury the regulation should have guarded against, and the violation causes an injury.
If a loved one is killed in an underride accident, you may have a basis to bring a wrongful death claim. These actions may be brought by a surviving spouse, child, or parent of the decedent, or by all of them as a group. If none of these people sues within three months of the date of death, the decedent's personal representative or an executor of his or her estate may sue instead. Damages that these relatives may be able to recover include lost earning capacity, loss of services and support, mental anguish, loss of love and companionship, and loss of inheritance. The damages will be divided among the family members based on each person’s degree of loss. In Texas, you have only two years from the date of the death, except in certain rare situations, to file suit for an underride accident that causes a wrongful death.Contact a Dallas Attorney to Pursue Damages after a Truck Crash
If you have been hurt or have lost a loved one in a motor vehicle collision in the Dallas area, the lawyers at Feizy Law Office can investigate the details of your case. Most trucking companies have experienced attorneys and adjustors who will try to find ways to blame the victim for the accident. Call Feizy Law Office at (214) 651-8686 or use our online form to set up a free consultation. We also represent inured individuals in Arlington, Garland, Irving, Fort Worth, and Plano, among other Texas cities.