How to Pursue a Claim for Truck Override and Underride Accidents

Truck override and underride accidents are some of the most dangerous and devastating types of truck-related collisions. These types of accidents occur when a smaller vehicle either rides over or slides under the rear or side of a large commercial truck. Due to the immense size and weight difference between trucks and smaller vehicles, these accidents often result in serious injuries or fatalities. If you or a loved one has been involved in a truck override or underride accident in Las Vegas, pursuing a claim for compensation is crucial to cover medical expenses, lost wages, and other damages. Our Las Vegas Truck Override and Underride Accident Attorneys at Mainor Ellis can help you understand how to pursue such a claim.

Understanding Truck Override and Underride Accidents

• Override Accidents: An override occurs when a truck, usually a tractor-trailer, collides with a smaller vehicle and continues to drive over the top of the vehicle. This often happens in rear-end collisions where the smaller car gets trapped underneath the truck, leading to severe injuries or fatalities.
• Underride Accidents: An underride accident is when a smaller vehicle slides underneath the rear or side of a truck, often because the truck driver failed to properly secure their load or the truck was improperly equipped with safety barriers. Underride accidents can be particularly dangerous because they often result in the smaller vehicle being crushed, leading to catastrophic injuries to the vehicle’s occupants.

Proving Liability in Truck Override and Underride Accidents

In order to pursue a successful claim for a truck override or underride accident, it’s essential to prove that the truck driver or trucking company was at fault. Common factors that contribute to these accidents include:

1. Inadequate Safety Barriers: According to the Federal Motor Carrier Safety Administration (FMCSA), all commercial trucks are required to have underride guards, which are safety features designed to prevent smaller vehicles from sliding under the truck in the event of a rear-end collision. If these guards are defective, improperly installed, or absent, the truck company could be held liable for the accident.
2. Driver Negligence: Truck drivers are required to follow strict safety protocols and traffic laws. If a truck driver is speeding, tailgating, or driving recklessly, they could be held liable for causing the accident. In cases of rear-end collisions, proving that the truck driver did not leave enough distance or failed to brake in time may be key to your claim.
3. Improper Load Securement: Trucking companies are responsible for properly securing their loads. If a truck is overloaded or improperly loaded, it can shift and affect the truck’s handling, increasing the risk of an accident. If poor loading practices contributed to the accident, the trucking company could be held responsible.
4. Maintenance Failures: Negligence in maintaining the truck can also lead to accidents. If the truck had faulty brakes or other mechanical failures that caused or contributed to the accident, the company or maintenance provider could be held liable.

Steps to Pursue a Claim

If you or a loved one has been involved in a truck override or underride accident, here are the key steps you should take to pursue a claim:

1. Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical attention for your injuries, even if they seem minor at first. Many truck accident injuries may not show symptoms immediately but can worsen over time.
2. Report the Accident: Always report the accident to the local authorities. The police will create an official report, which can be valuable evidence in your claim.
3. Gather Evidence: Collect as much evidence as possible from the scene of the accident. This may include photos of the truck, damage to the vehicles, the truck’s license plate number, and witness statements. Additionally, request the truck’s maintenance records and driver logs, as they may show if the company or driver was negligent.
4. Contact an Experienced Truck Accident Lawyer: Truck accident claims are often complex, involving multiple parties, including the driver, the trucking company, and third-party maintenance providers. An experienced personal injury lawyer will help you navigate the claims process, gather necessary evidence, and negotiate with insurance companies to maximize your compensation.
5. File a Claim: Your attorney will file a claim on your behalf, whether through insurance or by taking legal action against the responsible parties. This could include the truck driver, trucking company, manufacturer of defective parts, or others involved in the accident.

Seek Legal Assistance

Truck override and underride accidents are devastating, but pursuing a legal claim can help you recover compensation for your injuries and other damages. Proving liability in these accidents often requires an in-depth investigation of the accident scene, driver records, truck maintenance, and safety features. If you or a loved one has been injured in a truck override or underride accident, consulting with a knowledgeable truck accident attorney at Mainor Ellis in Las Vegas is crucial to ensuring your legal rights are protected and to securing the compensation you deserve.

Source:

fmcsa.dot.gov