Your vehicle would experience a terrifying underride collision if it were to slide beneath a large trailer. These truck accidents on Texas highways break through your vehicle safety systems to hit the passenger area directly, which usually results in fatal injuries. Understanding the mechanics of these accidents is essential during legal proceedings.
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Understanding Underride Accidents
There are two primary types of underride accidents: drivers usually hit trucks from behind, or they 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.
Common Causes of Underride Accidents in Texas
Multiple conditions lead to the Texas tragedies that occur. Underride guards present a significant problem because they can be absent or have an insufficient design. The Federal regulation 49 CFR § 393.86 requires modern trailers (built after January 1998) to have rear guards; however, many older trailers remain unprotected, and new guards may become damaged or defective. Federal regulations do not require side guards, creating a substantial safety risk.
Negligent truck drivers are a significant contributing factor to these accidents. The combination of speeding, driver distraction, and fatigue, which violates Hours of Service rules, along with 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. The negligence of trucking companies stems from deficient driver recruitment practices, inadequate training, forcing drivers to violate safety regulations, and failing to enforce maintenance protocols.
Establishing Liability in Texas Underride Accident Cases
Determining liability following an underride crash becomes complex and difficult to resolve. Potential parties liable for underride accidents include drivers and their trucking companies, as well as truck owners, 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 violates safety laws, including FMCSA rules or Texas Transportation Code Chapter 547 regulations on vehicle equipment, they may be considered negligent per se.
The state of Texas implements its legal framework under the proportionate responsibility system. 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 is 50% or less will have their compensation reduced by that percentage.
Seeking Justice: The Legal Process and Compensation in Texas
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 engaging in extensive communication with the insurer. 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 requires a thorough investigation, including the use of accident reconstruction experts and the preservation of evidence such as truck black box data and company records. You can claim economic compensation for medical expenses and wage loss, as well as non-economic reimbursement for pain, suffering, and disfigurement.
Exemplary (punitive) damages are available under the Texas Civil Practice and Remedies Code, Chapter 41, for cases involving gross negligence or malice, but are subject to 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 and analysis. They handle cases involving trucking companies and insurers, using litigation when necessary to pursue full compensation. Your rights need immediate protection through legal action after suffering a devastating underride accident.
Contact our Houston-based firm to get a complimentary consultation.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm.
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6711 Cypress Creek PkwyÂ
Houston, TX, 77069
(281) 587-1111
Related Resources:
Causes of Truck Accidents In Houston
Truck Accident Lawsuits in Houston
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Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
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/
