Losing a loved one in a catastrophic truck accident is an unimaginable tragedy. If your family member was killed when their vehicle went under the rear or side of a large commercial truck, you are likely experiencing profound grief while also facing complex legal issues. As experienced Texas truck accident attorneys, we at Hit by a Truck Call Chuck have helped many families through this heartbreaking situation. While no amount of compensation can ever replace your loved one, pursuing a wrongful death claim can provide a sense of justice, accountability, and financial security for your family’s future.
What is an Underride Accident?
An underride accident occurs when a smaller passenger vehicle crashes into the rear or side of a large commercial truck and becomes wedged underneath the truck’s trailer or cargo area. These accidents are often fatal for occupants of the smaller vehicle because the top and sides of the car are crushed or sheared off as it slides under the truck.
Common causes of underride accidents include:
- Truck drivers stopping suddenly on the highway
- Trucks pulling out slowly from a side street or driveway
- Lack of underride guards or defective guards on the truck
- Poor visibility at night or in bad weather
- Improper truck maintenance, like broken tail lights or reflectors
Tragically, many of these accidents could be prevented if truck drivers and trucking companies followed federal and state safety regulations. For example, the National Highway Traffic Safety Administration requires rear impact guards on most trailers and semi-trailers to prevent underride. However, these guards are often poorly maintained, rusted, or missing entirely.
Gathering Evidence at the Accident Scene
If you rushed to the scene after learning your loved one was in an underride accident, you may have witnessed a chaotic and gruesome situation with emergency responders, wrecked vehicles, and debris scattered across the road. In this traumatic moment, you were likely focused solely on your loved one’s condition. However, the accident scene also contains critical evidence that can help prove the truck driver or trucking company’s negligence in a wrongful death claim.
Important evidence to collect includes:
- Photos and videos of the vehicles, underride guards, skid marks, and overall scene
- Names and contact information of eyewitnesses
- The truck driver’s commercial driver’s license and license plate number
- The trucking company name and DOT number on the truck
- Police accident reports
Determining Liability for the Underride Accident
Determining who is liable for your loved one’s fatal underride accident is a complicated process that requires an in-depth investigation into the trucking company’s safety practices and the truck driver’s actions leading up to the crash. There may be multiple parties who share responsibility, including:
- The truck driver, if they were speeding, distracted, fatigued, or impaired by drugs/alcohol
- The trucking company, if they failed to properly maintain the truck, hired unqualified drivers, or encouraged unsafe driving to meet deadlines
- The cargo loading company, if they improperly loaded or secured cargo that made the truck unstable
- The truck or trailer manufacturer, if defective underride guards or other parts contributed to your loved one’s fatal injuries
Pursuing a Wrongful Death Claim in Texas
If the evidence shows the truck driver, trucking company, or another party’s negligence caused the fatal underride accident, you may be able to file a wrongful death claim. In Texas, eligible family members can pursue compensation for losses, including:
- Funeral and burial expenses
- Medical bills incurred before death
- Lost income and benefits your loved one would have earned
- Loss of care, maintenance, services, support, advice and counsel from your loved one
- Mental anguish and emotional suffering
- Loss of love, companionship, comfort, and society
However, Texas has a strict two-year statute of limitations on wrongful death claims in most cases. This means if you wait too long to take legal action, you could lose your right to compensation entirely. Do not delay consulting with an experienced attorney who can start building your case immediately.
Compassionate Legal Guidance Through Difficult Times
At Hit by a Truck Call Chuck, we know that no lawsuit can ever bring back your loved one or heal your profound grief. However, we know how pursuing justice can provide answers, accountability, and financial stability, allowing families to focus on being together rather than worrying about paying the bills alone. While you focus on honoring your loved one’s memory, we will fight tenaciously to hold the trucking company accountable and secure every penny your family deserves. Contact us today for a free consultation. We are here for you in your darkest hour, ready to be the strength behind your case.