TRUCK OVERRIDE AND UNDERRIDE ACCIDENTSLast updated on: October 17, 2022
Any vehicle accident is not good, but truck override and underride truck accidents are among the most dangerous of accidents that occur on our roads. These accidents involve a truck colliding with and driving over a smaller car. The large size of a truck can leave the smaller automobile to be crushed, which can be extremely harmful to the passengers in the smaller car and can cause serious injury, sometimes fatal.
Truck override and underride can happen for multiple reasons, one of which can be negligence on the part of the truck driver. In this case, you should be able to seek compensation for damages.
If you or a loved one has been injured in a truck accident, contact Zinda Law Group today for a free case consultation.
THE DIFFERENCE BETWEEN OVERRIDE AND UNDERRIDE TRUCK ACCIDENTS
Both override and underride accidents involve trucks and smaller automobiles. The difference between the two is the placement of the two vehicles in the accident, and which car is hitting the other.
In an override accident, the truck has gone over the car from behind, colliding with the car and crushing it in the process.
In an underride accident, the front of the car goes under the truck from behind, slamming into the truck.
WHAT ARE UNDERRIDE ACCIDENTS?
Underride accidents occur when an automobile drives underneath the trailer of a commercial truck.
This may occur because the automobile was following the truck too closely, or the driver could not see the trailer because of poor visibility on the road or lack of attention, but it could also be due to negligence on the part of the truck driver.
A truck driver might be negligent in an underride case if he ignored certain regulations or safety precautions, such as not having brake lights or reflective tape on the back of his truck or not having underride guards installed in their proper place.
A driver could also be negligent in his behavior on the road, such as by changing lanes without using turn signals, or backing up without making sure there are no vehicles behind him.
WHAT ARE OVERRIDE ACCIDENTS?
Override accidents occur when a truck runs over a smaller automobile in front of them. An override accident might occur if a truck is following too closely behind another vehicle, a truck driver being unable to see the vehicle in front of them, either due to low visibility or lack of attention to the road, or a truck driver being unable to slow down from speeding quickly enough.
Override accidents can also occur due to some mechanical failure of the truck. This might include the breaks malfunctioning or failing or a tire blowing out.
WHAT MAKES TRUCK ACCIDENT LAWSUITS DIFFERENT FROM CAR ACCIDENTS LAWSUITS?
One of the biggest differences between truck versus car personal injury claims is that cars are likely (though not always) privately owned by an individual. This individual may (and likely is required by law) to have personal auto insurance.
In contrast, a truck accident can involve more players because trucks are often (though not always) owned by a trucking company, not the individual who was driving the truck at the time of the accident, and their insurance will be different as well.
WHO IS LIABLE FOR AN OVERRIDE OR UNDERRIDE ACCIDENT?
In personal injury cases, negligence is judged by determining the duty of care that the at-fault party owed to the injured party, recognizing that the at-fault party breached that duty through an action that caused harm to the injured party, and determining that that action by the at-fault party was what caused the harm of the injured party.
In this case, truck drivers owe those they share the road with a duty of care to maintain all relevant safety precautions, drive with care and caution, and generally behave as a reasonable person would.
The most difficult part of a negligence case is often establishing that the negligent action of the at-fault party was what caused harm to the injured person. With traffic accidents it is difficult to figure out what actually happened, as both parties are unlikely to remember their actions leading up to a crash in exact accurate detail, and the evidence left behind, such as car damage, can only explain so much.
In order for a truck accident to be negligence on part of the driver, it must be established that the driver of the truck committed a negligent act, disregarding how a reasonable person would behave on the road, and that this negligent act was what caused the accident.
For example, a case might run into trouble if an underride accident occurred and the truck driver was texting while driving, but the injured driver also could not see the road or the truck because it was snowing heavily. Both sides in the lawsuit will make their arguments, but the court will decide if the underride happened because of the truck driver negligently switching lanes, or if the accident would have happened even if he hadn’t done that because the injured driver could not see the road properly.
In general, because they are distinguished by which car is striking the other, override accidents are often, though not always, the fault of the truck driver. Underride accidents are more likely to be the fault of the driver of the smaller car.
NEED HELP? CONTACT ZINDA LAW GROUP TODAY
Any truck accident is stressful and frightening, but underride and override accidents are always incredibly serious. Very often they can be fatal for drivers or passengers in the smaller vehicle, and even if no one dies, serious injuries can occur and have life altering consequences.
If you or a loved one has been injured in an underride or override crash, your focus should be on healing and recovering—not on fighting to secure compensation by yourself. At Zinda Law Group, our truck accident lawyers will fight for you using the experience they’ve gained securing compensation for numerous accident victims like yourself.
Personal injury law can be complicated and uncertain, but Zinda Law Group’s No-Win, No-Fee Guarantee means you don’t have to risk anything: you will pay nothing unless Zinda Law Group secures you a favorable verdict in your case.