Any kind of truck accident can be horrible, of course, but an override or underride accident can be particularly terrible, often ending in death. If someone is lucky enough to survive this accident, they can be left with severe injuries that can, in some instances, be catastrophic.
If you’ve suffered an injury in an override or underride accident caused by someone else’s negligence, or you’ve experienced the tragic loss of a loved one, the attorneys with Penn Kestner & McEwen will be here to help. We have a great deal of experience in representing clients in cases similar to yours, and we have a long record of delivering results.
If you would like to schedule a free evaluation, please use our online contact form or give us a call at (800) 732-3070.
What is an Override Accident?
Imagine being stuck in traffic on a highway and seeing a huge commercial truck approaching you at full speed. All because the driver has no idea all vehicles have come to a standstill. There’s nowhere you can go, and nothing you can do. The truck slams into the back of your car and rolls over the top.
This is the nightmare scenario caused by an override accident. When it happens, it’s almost a guarantee that the back portion of the vehicle will be completely crushed. And anyone in that part of the car will more than likely be severely injured or killed. If the truck continues on the path and runs over the top of the car, the results will probably be tragic.
Causes of Override Truck Accidents
Override accidents take place for a number of different reasons. The truck driver may be traveling too fast, and can’t react quickly enough as a result. Or, the truck’s brakes may have failed due to negligence on behalf of the trucking company. The driver will obviously not be able to stop as a result.
What is an Underride Accident?
As you would probably expect, an underride accident occurs in the opposite fashion. The truck doesn’t roll over the top of the car – rather, the car slams underneath the truck. Federal regulations are in place to help prevent this kind of accident. Trucks are required to have underride guards to keep this from happening. Unfortunately, there are still commercial trucks that don’t have guards. If a vehicle strikes a truck without one, the truck’s bumper could very well shear off the top of the car.
There is another type of accident – a side underride wreck. It happens when the front of a car hits the truck’s side. The truck could be stopped at an intersection, and the vehicle can plow into it as a result. This will also oftentimes lead to the top of the car being taken off. Even though there are side guards that could go a long way toward preventing severe injuries and death, federal law doesn’t require them for some inexplicable reason.
Causes of Underride Truck Accidents
Underride collisions can also occur for several reasons. The truck may not be properly marked, or it’s moving much more slowly than other vehicles on the road. A truck could be parked on the shoulder of the road without the hazard lights flashing to warn other drivers.
Who’s Liable for an Override/Underride Truck Accident?
There are many parties that could be potentially liable for either an override or underride accident. That’s the reason this kind of truck accident can be extremely complex, and will require the help of a skilled, experienced attorney. These are just some of the parties that could face liability.
- The driver of the truck. The truck driver is the person most people think of first when it comes to assigning blame for an accident. It’s often an accurate assumption, since truckers often drive too fast, or will often operate these huge machines in some sort of reckless fashion. But sometimes they’re under extreme pressure from their employers to meet deadlines. They’ll often try to push past their limits and drive while fatigued, in clear violation of federal regulations.
- The company that owns the truck. Not only will trucking companies place unrealistic demands on drivers, they will often fail to make sure those drivers are qualified in the first place. Companies will also neglect to perform a thorough inspection of trucks before allowing them to get on the road. If a part fails, and contributes to an accident due to this type of negligence, you may be able to sue that company for your injuries.
- The company that loads the cargo. Cargo loading companies will sometimes face liability due to negligence. Trucking businesses will sometimes hire these third parties in an effort to increase efficiency. But if a load comes loose due to not being properly secured, the truck driver may have to stop suddenly, increasing the risk of an underride accident. That loading company could face liability in the event this happens.
Injuries Resulting from Override/Underride Truck Accidents
As you might expect, there are several types of catastrophic injuries that can result from an override or underride accident. These can include traumatic brain injuries, severe burns, spinal cord injuries and many others. All of these can lead to tens of thousands of dollars in medical bills. As well as a lifetime of debilitation.
How Much Compensation can Victims of Truck Accidents Receive?
Since a truck accident will typically lead to terrible injuries, the insurance policies that cover trucking companies are very expensive. Oftentimes, they’ll be $1 million or even more. No reputable law firm will ever make any promises regarding how much a truck accident victim will be able to obtain. However, at Penn Kestner & McEwen, we can promise that we’ll do everything we can to help you get as much as possible.
Hire an Experienced Truck Accident Attorney to Support Your Claim Today
Learn more about how our firm can help you get the money you deserve. You can give Penn Kestner & McEwen a call at (800) 732-3070, or you can contact us online to schedule a free consultation with one of our experts.
