An underride crash can happen when a smaller vehicle slides beneath the rear or side of a commercial truck or trailer. An underride truck accident lawyer in Atlanta at Van Sant Law can investigate why the collision happened and whether the truck, trailer, driver, or another company contributed to your injuries.
Van Sant Law has served Georgia residents since 2008. Founder David M. Van Sant previously represented insurers, major employers, and commercial motor carriers as insurance-defense counsel. Our Atlanta truck accident lawyers can preserve evidence and investigate the commercial vehicle involved.
Why Are Underride Truck Accidents So Dangerous?
Underride truck accidents are dangerous because a passenger vehicle can travel beneath part of a larger truck or trailer, bringing the upper structure of the truck close to the vehicle’s passenger compartment.
Our Atlanta personal injury lawyers can investigate the position of the vehicles, the type of truck involved, the condition of any underride guard, and the sequence of events before impact.
The injuries can be severe because the truck’s structure may strike an area of the passenger vehicle above its main crash-protection systems.
Rear and Side Underride Crashes
Rear underride occurs when a smaller vehicle travels beneath the back of a truck or trailer.
Side underride can happen when a passenger vehicle enters the space beneath the side of a trailer.
The direction of impact affects the evidence that may need to be examined, including vehicle damage, guard components, lighting, reflective markings, and the position of the truck.
What Can Cause an Underride Truck Accident?
An underride accident can result from driver behavior, poor visibility, a missing or damaged rear guard, vehicle maintenance problems, or several factors at the same time.
Possible causes include:
- A truck stopping suddenly
- A passenger vehicle striking the rear of a trailer
- Missing or damaged underride guards
- Poor truck or trailer maintenance
- Defective brake lights
- Inadequate reflective tape
- Poor conspicuity markings
- Hazardous weather conditions
- A truck blocking or entering a traffic lane
- Driver fatigue
- Unsafe cargo or trailer positioning
A rear underride collision may initially look like an ordinary rear-end crash, but the height and structure of the truck can make the consequences very different.
When the crash involves the rear of a commercial vehicle, our Atlanta rear-end truck accident lawyers can examine stopping distance, braking, visibility, and the actions of both drivers.
What Federal Rules Apply to Underride Guards?
Federal safety standards regulate rear impact guards on many trailers and semitrailers.
The National Highway Traffic Safety Administration explains that rear underride crashes occur when the front of a smaller vehicle slides beneath the rear of a larger trailer or semitrailer.
NHTSA updated Federal Motor Vehicle Safety Standards 223 and 224 in 2022 to strengthen rear impact protection requirements for many trailers and semitrailers.
What Do Rear Impact Guards Do?
Rear impact guards are designed to engage a passenger vehicle during a rear collision and reduce how far the smaller vehicle travels beneath the trailer.
They are sometimes called underride guards or Mansfield bars.
The presence of a guard does not automatically mean it performed properly.
What Can Be Examined After a Guard Failure?
Investigators may look at the guard’s size, condition, mounting, deformation, and maintenance history.
They may also need to determine whether the trailer was required to have a rear impact guard under the applicable federal rules.
Van Sant Law can compare those requirements with the physical evidence preserved from the truck and trailer.
Where Can Underride Truck Crashes Happen Around Atlanta?
Underride truck crashes can happen anywhere commercial trucks and passenger vehicles share busy roads, particularly where traffic slows, merges, or stops unexpectedly.
Atlanta’s I-75, I-85, I-20, and I-285 corridors carry large trucks, tractor-trailers, delivery vehicles, and other commercial traffic every day.
The Downtown Connector and the I-85/I-285 interchange at Spaghetti Junction can involve dense traffic, frequent lane changes, and sudden congestion.
Visibility Can Matter in Atlanta Traffic
An underride collision can become more likely when a trailer is difficult to see at night, in rain, or during heavy traffic.
Brake lights, reflective tape, conspicuity markings, hazard signage, and the position of the trailer may all become relevant.
A serious Atlanta truck crash may also result in emergency treatment at Grady Memorial Hospital, depending on where the collision occurs and the injuries involved.
Local Records Can Support the Investigation
Police reports, traffic footage, medical records, and witness information may come from several different local sources after an Atlanta crash.
Van Sant Law can use those records alongside truck and trailer evidence to build a clearer picture of how the underride collision happened.
What Evidence Can Help Prove an Underride Truck Accident Claim?
Evidence in an underride truck accident claim can help show how the vehicles came together and whether the truck or trailer met applicable safety requirements.
Useful evidence may include:
- Photographs of the truck and trailer
- The underride or rear impact guard
- Reflective tape and conspicuity markings
- Brake lights and other lighting
- Inspection records
- Trailer maintenance records
- Black box data
- Electronic logging device information
- Police reports
- Dashcam or traffic-camera footage
- Witness statements
- Cargo and loading records
Accident reconstruction may also help explain the angle of impact, vehicle speed, braking, road position, and whether the passenger vehicle traveled beneath the truck.
The Truck and Trailer Should Be Preserved
Physical evidence can change quickly after a commercial vehicle crash.
A damaged guard can be repaired, a trailer can return to service, and electronic vehicle data may be overwritten.
Van Sant Law can request preservation of the truck, trailer, guard components, and relevant records while the underride accident is investigated.
What We Do in the First 72 Hours
The condition of the truck and trailer can provide important clues about why an underride crash occurred. Van Sant Law can act quickly to document and preserve that evidence.
- We examine the physical evidence. We take steps to preserve the damaged trailer, underride guard, lighting, and other components before repairs or replacement.
- We request relevant records. We seek inspection reports, maintenance history, and available electronic vehicle data.
- We investigate the collision. We review police reports, identify witnesses, and examine how the vehicles came together.
Preserving this evidence early can help determine whether a defective guard, maintenance problem, or other safety issue contributed to the crash.
Who Can Be Responsible for an Underride Truck Accident?
Responsibility for an underride truck accident may involve more than the truck driver.
Possible parties can include:
- The truck driver
- The trucking company
- The trailer owner
- A maintenance provider
- A repair company
- The manufacturer of a defective guard or component
- A company responsible for loading or positioning the trailer
- Another driver whose actions contributed to the crash
The facts matter because different companies may control the tractor, trailer, maintenance, cargo, and driver.
The Trucking Company’s Role
A trucking company may become relevant if its employee caused the crash or if the company failed to address a safety problem involving the truck or trailer.
Inspection records, maintenance logs, company policies, and prior repair information may help show what the carrier knew before the collision.
Van Sant Law can also review the driver’s employment status, operating authority, insurance arrangements, and other relationships when determining who may share responsibility.
What Injuries Can an Underride Truck Accident Cause?
Underride truck accidents can cause catastrophic injuries because the truck or trailer may intrude into the passenger area of a smaller vehicle.
Possible injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Neck injuries
- Broken bones
- Internal injuries
- Crush injuries
- Severe cuts and lacerations
- Amputations
- Other catastrophic injuries
Some people require surgery, long hospital stays, rehabilitation, or ongoing medical care.
In the most serious cases, an underride collision can result in death.
Eligible family members may then have grounds to pursue a wrongful death claim under Georgia law.
What Compensation May Be Available After an Underride Crash?
Compensation after an underride crash may include the financial and personal losses caused by the collision when supported by evidence.
Potential damages can include:
- Medical expenses
- Future treatment
- Rehabilitation
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Disability
- Final expenses in a wrongful death case
- Other legally recoverable losses
The full cost of an injury may not be clear immediately after the crash.
Van Sant Law can use medical records, wage information, bills, and appropriate professional assessments to document both current and expected losses.
What Truck Accident Results Has Van Sant Law Obtained?
Van Sant Law has obtained results in cases involving tractor-trailers and other commercial vehicles.
The firm’s truck accident case results include a $3 million result involving a tractor-trailer on I-75, a $2.3 million result involving a tractor-trailer that crossed the center line, and a $1 million result for a family rear-ended by a tractor-trailer.
Past results do not guarantee the outcome of another claim.
Every Underride Claim Is Different
There is no standard value for an underride truck accident case.
The injuries, available insurance, evidence, responsible parties, and long-term effects of the crash all influence the claim.
Van Sant Law evaluates those factors using the evidence available in the individual case.
Why Choose Van Sant Law After an Atlanta Underride Truck Accident?
Van Sant Law has decades of combined experience handling personal injury claims, including cases involving tractor-trailers and commercial carriers.
David M. Van Sant previously worked directly with insurance companies that covered trucking companies before representing injured people.
He has also been recognized by Georgia Super Lawyers and as a Top 10 Trucking Lawyer by The National Trial Lawyers.
Local Support During Your Recovery
Van Sant Law offers:
- Free consultations
- 24/7 availability
- Spanish-language services
- Electronic case signing
- Home or hospital visits when needed
- Connections to medical or financial resources when appropriate
Our attorneys live in the communities they serve and take time to understand each client’s circumstances.
You can learn more about the firm’s history and approach on the Van Sant Law About page.
How Long Do You Have to File an Underride Truck Accident Claim in Georgia?
You generally have two years to file many Georgia personal injury claims after an underride truck accident, although different deadlines can apply depending on the circumstances.
O.C.G.A. § 9-3-33 provides the general two-year limitations period for many personal injury actions in Georgia.
Starting earlier can also make it easier to preserve the physical and electronic evidence involved.
Why Waiting Can Affect the Investigation
The trailer may be repaired, an underride guard can be replaced, video can be deleted, and electronic vehicle data may be overwritten.
Witnesses can also become harder to locate as more time passes.
Van Sant Law can identify the applicable deadline while preserving evidence needed to investigate the accident.
Where an Atlanta Underride Case May Be Filed
Some Atlanta cases may proceed through Fulton County Superior Court, depending on venue and jurisdiction.
The correct court depends on the parties involved and where the claim can legally be brought.
Van Sant Law can determine the appropriate filing location if a lawsuit becomes necessary.
Make the Right Call After an Atlanta Underride Truck Accident
An underride collision can involve issues that do not usually arise in a standard car accident, including rear impact guards, trailer visibility, reflective devices, federal safety standards, and physical evidence from the commercial vehicle.
An underride truck accident lawyer in Atlanta can investigate those issues and determine whether the truck driver, trucking company, trailer owner, maintenance provider, or another party may be responsible.
Van Sant Law offers free consultations and handles personal injury cases on a contingency fee basis.
Speak With Van Sant Law
You can begin your case electronically, and home or hospital visits may be available when injuries make travel difficult.
Van Sant Law is available 24/7 and offers Spanish-language assistance.
We never settle a case unless the client is happy with the result, that is the Van Sant Law client satisfaction guarantee. Make the Right Call and contact Van Sant Law about your Atlanta underride truck accident claim.
