Usually in car accidents, the person who collides into the other vehicle is generally presumed to be the responsible party. Because all underride accidents involve a motorist colliding with a large commercial truck, most people assume they will be found to be at fault, not the truck driver. This is especially problematic in underride cases because, as previously mentioned, injuries in this type of accident are usually particularly severe.
There are many other factors that may demonstrate the truck driver or company was negligent and caused the underride accident. First, federal trucking regulations require that a commercial truck have certain markings and reflectors on the both the back and sides of the trailer to make it visible to other motorists at night or in adverse weather conditions. Next, the qualifications and state of mind of the truck driver should be considered. If the driver was not properly licensed or was under the influence of alcohol, it could be found that erratic or negligent driving caused the collision. Furthermore, all trucks are required to have guardrails after 1998 to prevent cars from driving under the truck. If the truck does not have this rail, the truck company may be found negligent.
For a free legal consultation, call 980-246-2656
If you have been in an underride accident, you should always contact a truck accident lawyer to discuss a possible case. Do not hesitate to call Shane Smith Law today at (980) 246-2656.
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