Providence Under-Ride Truck Accident Lawyer

Under-ride accidents occur when a passenger vehicle crashes into a tractor-trailer and goes beneath the rear or side of the trailer. Usually, the collision occurs in the rear of the trailer, and the force of the collision causes the trailer bed to extend into the passenger vehicle. Regulations are in place that require tractor-trailers to have rear guards to defend against under-ride accidents, but they still occur far too often. If you or a loved one has been injured in an under-ride accident with a tractor-trailer, the attorneys of the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. are here to help you through the harrowing situation.

Under-ride accidents are very severe accidents that cause the trailer to crush the top of the passenger vehicle. In extreme cases, the top of the passenger vehicle may be completely severed or peeled off from the lower portion of the automobile. Under-ride accidents are often referred to as the “silent killer” because no one expects a trailer bed to penetrate through their passenger vehicle. These gruesome crashes almost certainly cause serious or fatal injuries to the inhabitants of the smaller vehicle. To combat these deadly crashes, some laws require tractor-trailers to maintain proper rear impact guards to reduce the number of injuries and deaths caused by under-ride accidents. Unfortunately, these rear guards are often insufficient, and the violent nature of this type of impact cannot be avoided.

The aftermath of under-ride accidents can be tragic and overwhelming for the victims of the crash. Call the Rhode Island under-ride accident attorneys at the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. today so that our experienced team can help you in your time of need.

Why Do I Need an Attorney?

Dealing with the catastrophic injuries sustained from an under-ride accident can be daunting for the victim and their family. These injuries are often so serious that the medical bills pile up and cannot be paid because the victim is unable to return to work.

In addition to monetary concerns, filing a lawsuit for an under-ride accident can be complicated. For instance, the trucking company may be liable for the negligent conduct of the truck driver, or it may be liable for failing to install proper impact guards on the trailer. Additionally, the rear guards themselves could have been defective, which may entitle the injured party to a  product liability action. Furthermore, if the under-ride accident ultimately results in the death of the loved one, the deceased’s family may be entitled to a wrongful death action. Determining liability in the wake of an under-ride accident is a complicated matter.

Because under-ride accidents have multiple avenues of recovery that concern a complex set of issues, choosing the right attorney is a crucial step in receiving just compensation and fair recovery. At the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., we have years of experience helping injured individuals take action if they were hurt in a truck accident. We will make sure that you get the full and fair recovery from the parties responsible for the severe injuries you or a loved one sustained because of this type of violent collision. Please contact us at your earliest convenience at (401) 751-8855 so we can set up a free initial consultation.

Under-Ride Accident Statistics

According to a 2013 study by the National Highway Traffic Safety Administration, 977 tractor-trailers were struck in the rear in fatal crashes nationwide from 2008-2009. The majority of the vehicles that struck the trucks in the rear were smaller passenger vehicles. Some under-ride (the smaller car being crushed under the trailer) occurred in about 75% of these crashes. In about 18% percent of these crashes, the under-ride was less than halfway up the hood of the striking vehicle. Shockingly, in more than half of these crashes, the under-ride moved beyond the halfway point of the hood. Lastly, in about 36% of these crashes, the trailer penetrated through the vehicle as far as the windshield, side windows, and rear windows. Of the 977 fatal incidents, 934 fatalities were inhabitants of the smaller vehicle that struck the trailer. 724 of these fatalities were inhabitants of smaller passenger vehicles, and 500 of these 724 fatalities involved some under-ride with the trailer. The point is that under-ride accidents are very serious and often result in fatalities, especially to individuals in passenger vehicles. Please contact us today at (401) 751-8855 to discuss representation for injuries you or a loved one sustained because of an under-ride truck accident.

Frequently Asked Questions

At the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., we understand that you have many questions after suffering through an under-ride accident. The following questions represent some of the most frequently asked inquiries. Please don’t hesitate to call the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. at (401) 751-8855 if you have other questions.

My loved one collided with a trailer that had rear guards in place. Can I still recover compensation for their death?

Even if the truck driver and trucking company are not responsible at all for an under-ride accident, the rear guards installed on the trailer may be defective in some way. This defect may have been the ultimate cause of your loved one’s death. In these types of product liability lawsuits, a rear guard might be defective in the following ways:

  • Lack of lighting or reflective devices
  • Bumper located an unsafe distance above the ground
  • Weak welding
  • Improper materials

Again, even if a truck driver is driving with proper care and control, if you or a loved one has been injured because of an under-ride accident, you may still be entitled to compensation.

Can I recover for injuries caused by a driver’s conduct?

Sometimes, the tractor-trailer driver’s negligent conduct results in the under-ride accident. For example, a driver may not be paying proper attention to the roadway, and they may slam on the brakes to avoid an unseen obstruction. This sudden stop may not give the operator of a passenger vehicle behind the trailer proper time to stop, which means that passenger vehicle may collide with the rear of the trailer bed, resulting in an under-ride accident. If a driver operated the tractor-trailer in an unsafe manner, they may be found liable for the under-ride accident.

Can the trucking company be held liable?

The trucking company is responsible for inspecting the safety aspects of the truck and ensuring that their drivers are fit to drive. If the company failed to replace damaged rear guards or worked their drivers beyond the safe limit, they can be held liable for the resulting under-ride accident.

Contact Us

The injuries sustained because of an under-ride accident are catastrophic and life-changing. To ensure that you get fair compensation, please contact us so we can set up a free initial consultation to review the under-ride accident you or a loved one was forced to suffer. We have a unique team of passionate, experienced, and knowledgeable personal injury attorneys in Providence and beyond. We have used these attributes to secure hundreds of millions of dollars for the injuries that our clients have suffered. There will be no legal fees for your personal injury unless we are successful with your case. We care about our clients, and we will work tirelessly to ensure that you receive the compensation you deserve if you have suffered through an under-ride accident. Contact the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. at (401) 751-8855 today so that we can fight for you.

Written By: Ronald J. Resmini

Last Updated : Monday, July 18, 2022