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(281) 587-1111
(281) 587-1111
(281) 587-1111
April 15, 2025 by Greg Baumgartner
Your vehicle would experience a terrifying underride collision when it hits a large trailer while sliding beneath it. These truck accidents on Texas highways break through your vehicle safety systems to hit the passenger area directly, which usually results in fatal injuries. Knowing the mechanics of these accidents becomes essential during justice proceedings.
Call Now for a FREE Case Evaluation on an Injury Accident – (281) 587-1111Two primary underride accident types exist since drivers usually hit trucks from behind or collide with trailers on their sides when changing lanes. These accidents prove extremely dangerous because the upper section of your vehicle absorbs the force, which leads to severe injuries to the head and spine.
Multiple conditions lead to the Texas tragedies that occur. Underride guards present a major problem because they can be absent or insufficient in design. The Federal regulation 49 CFR § 393.86 requires modern trailers (built after January 1998) to have rear guards, but many older trailers remain without protection, and new guards may become damaged or defective. Federal regulations have not established a requirement for side guards, creating a substantial safety risk.
Negligent truck drivers are a significant contributing factor to these accidents. The combination of speeding and driver distraction, along with fatigue, which violates Hours of Service rules, unsafe lane changes, improper turns, sudden stops, and illegal parking without warning, presents a severe danger on the roads.
The combination of insufficient truck equipment maintenance, including substandard reflective tape (conspicuity), defective lights, worn tires, and unrepaired guards, increases risk, particularly during nighttime and foggy conditions. Trucking companies’ negligence results from deficient driver recruitment practices, inadequate training, forcing drivers to break safety regulations, and neglecting maintenance protocol enforcement.
Determining liability following an underride crash becomes complex and difficult to resolve. The potential parties who could be liable for underride accidents include drivers along with their trucking companies, as well as owners of trucks, maintenance providers, and guard manufacturers. Texas law requires accident victims to prove the existence of a duty of care and its breach, causation between the breach and their injuries, and demonstrated damages. Commercial transportation companies must demonstrate a higher standard of care than other parties. When a party breaks safety laws that include FMCSA rules or Texas Transportation Code Chapter 547 regulations on vehicle equipment, they can be considered negligence per se.
The state of Texas implements its legal framework under the proportionate responsibility system, which is found in Texas. Civ. Prac. & Rem. Code Chap 33. The law denies recovery to anyone responsible for more than half of the total fault in an accident. A person whose fault contribution to the accident reaches 50% or below will see their compensation reduced according to their percentage of fault.
Following an accident, you should immediately receive medical help and notify the police before collecting information about the drivers’ trucks and witnesses while photographing the scene. You should also seek legal advice from a truck accident lawyer in Houston before extensive insurer communication. The Texas Civil Practice and Remedies Code section 16.003 establishes a two-year deadline for filing state personal injury or wrongful death legal claims.
Constructing your case demands a thorough investigation, including using accident reconstruction experts and preserving evidence such as truck black box data and company records. You can claim economic compensation for medical expenses and wage loss, and non-economic reimbursement for pain, suffering, and disfigurement.
Exemplary (punitive) damages exist under the Texas Civil Practice and Remedies Code Chapter 41 for cases of gross negligence or malice, but have statutory limits. Surviving family members can file a Wrongful Death claim for their losses in Texas. Civ. Prac. & Rem. Code Chap 71, while the estate can initiate a Survival Action to recover damages the deceased experienced before death, according to § 71.021.
A lawyer with experience helps clients understand the complexities of their cases through a thorough investigation while handling trucking companies and insurers and using litigation when needed to fight for full compensation. Your rights need immediate protection through legal action after suffering a devastating underride accident.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm.
6711 Cypress Creek Pkwy
Houston, TX, 77069
Featured Image source: https://www.forbes.com/sites/jensen/2017/05/10/new-tests-evaluate-how-well-side-guards-on-semis-do-at-preventing-side-underride-crashes/
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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