Who May Be Liable for a Dangerous Underride Truck Crash in Charleston

Life changes forever when a passenger vehicle slides beneath a commercial truck in Charleston. These underride truck crashes are one of the most devastating accidents on South Carolina highways.

If you have been involved in a commercial truck accident, seek legal assistance from a trusted truck accident lawyer. A qualified lawyer can help you understand your rights and answer any questions that you may have.

At Roden Law, our Charleston truck accident attorneys have helped several underride crash victims identify all liable parties, from negligent truck drivers to manufacturing companies with dangerous vehicle designs. Do not face the aftermath of these complex crashes alone.

Schedule your free consultation today: 1-844-RESULTS

What Is an Underride Truck Crash?

An underride truck crash occurs when a smaller vehicle collides with a large commercial truck and slides underneath the truck’s body or trailer. These devastating accidents happen when a passenger vehicle, like your car, SUV, or motorcycle, travels partially or entirely under the high clearance of a tractor-trailer.

The height difference between commercial trucks and passenger vehicles creates a dangerous scenario. The upper part of the smaller vehicle can be crushed or cut off as it slides beneath the trailer.

Why Underride Truck Crashes Are So Dangerous to Other Drivers?

Underride truck crashes stand as some of the most lethal accidents on Charleston roads for several critical reasons.When your car slides under a truck, it hits your car’s safety features. The truck strikes through the vehicle’s compartment or interior space, often hitting passengers’ heads or necks.

The tremendous weight difference compounds the danger. A fully loaded commercial truck can weigh up to 80,000 pounds, while your passenger vehicle typically weighs under 4,000 pounds. This extreme difference means even “low-speed” underride collisions can cause catastrophic damage.

The aftermath of underride crashes can become just as dangerous as the crash itself. In other types of crashes, emergency responders may be able to get to victims easily. However, in underride crashes, emergency responders face extreme challenges. The complex entanglement of vehicles makes extraction difficult and dangerous, often delaying critical medical care when minutes matter most.

Can I Seek Compensation for My Damages After an Underride Truck Crash?

Yes, you can seek compensation after an underride truck crash in Charleston. These catastrophic accidents often leave victims with various expenses related to the crash, while still managing their current financial duties.

South Carolina law allows injury victims to pursue compensation from all parties responsible for an underride accident.

The compensation available often covers:

• Pain and suffering
• Property damage
• Rehabilitation costs
• In-home care expenses
• Current and future medical expenses
• Lost wages and diminished earning capacity

Who May Be Liable for the Underride Truck Crash That Injured Me?

After an underride truck crash in Charleston, identifying all responsible parties is necessary for securing the full compensation you deserve. Multiple factors and parties can contribute to these devastating collisions.

• Truck Driver: May be liable if negligent driving contributed to the crash, such as sudden braking, improper lane changes, or failing to use hazard lights when stopped.
• Trucking Company: May bear responsibility for inadequate maintenance of underride guards, improper training of drivers, or setting unrealistic schedules that encourage unsafe driving.
• Truck Manufacturer: Could be liable if the truck was designed without adequate underride protection systems despite foreseeable risks.
• Trailer Manufacturer: Often responsible for the design and installation of underride guards; may be liable if guards were inadequately designed or manufactured.
• Maintenance Providers: Third-party companies responsible for truck maintenance may be liable if they fail to properly inspect or repair underride protection systems.
• Parts Manufacturers: Companies that specifically produce underride guards may be liable if their products were defectively designed or manufactured.
• Cargo Loading Companies: In some cases, improper loading can affect a truck’s handling or braking ability, contributing to crash conditions.
• Government Entities: May share liability if poor road design or maintenance contributed to conditions that led to the underride crash.

Each case requires a thorough investigation to determine which parties bear responsibility for the specific circumstances of the crash.

Common Causes of Underride Accidents in Charleston

Underride truck crashes in Charleston result from multiple safety failures that could have been prevented. These devastating collisions may occur when numerous risk factors are present, from inadequate safety equipment to poor visibility conditions.

These are some of the reasons why an underride accident could happen:

• Insufficient or damaged rear underride guards on trailers
• Absence of side underride protection on commercial vehicles
• Poor visibility of trailers at night or in low-light conditions
• Inadequate reflective markings on trucks
• Sudden stops by commercial vehicles without warning
• Height mismatch between passenger vehicles and commercial trucks
• Design limitations of current underride guard regulations
• Failure to maintain a proper following distance behind trucks
• Weather conditions affecting visibility (fog, rain, snow)
• Trailer designs that extend beyond the protection of guards

Proving Who Is At Fault for Your Charleston Underride Truck Accident

An attorney’s help can sufficiently establish liability in an underride truck accident. If you have a valid case, it will require a thorough investigation and compelling evidence.

The evidence collection process begins at the accident scene, where our investigators document critical details like trailer guard conditions, truck positioning, and road factors. Police reports provide official documentation of violations and preliminary fault assessments.

Other forms of evidence are:

• Truck driver logbooks reveal potential hours-of-service violations or falsified records that may have contributed to driver fatigue or inattention.
• Electronic Control Module (ECM) data, the truck’s “black box”, provides irrefutable evidence of the truck’s speed, braking patterns, and driver actions in the critical moments before impact.
• Witness testimony can provide forgotten information that both parties may not know about, especially from those who observed the truck driver’s behavior before the collision.
• Industry specific witnesses can help establish exactly how the underride occurred and document the connection between the crash mechanics and your specific injuries.
• Maintenance records frequently reveal negligence in guard repair, lighting systems, or brake maintenance

Defensive Driving Tips to Avoid Underride Truck Accidents

Drivers who drive defensively can help prevent dangerous underride truck accidents. When you recognize the potential for an accident with these vehicles, it can lower your chances of a catastrophic crash.

• Maintain Safe Following Distance: Always keep at least a four-second gap between your vehicle and any commercial truck. This buffer zone provides vital reaction time if the truck stops suddenly.
• Stay Visible in Truck Mirrors: If you cannot see the truck driver in their side mirrors, they cannot see you. Position your vehicle where the truck driver can easily spot you.
• Exercise Caution When Passing: Plan truck passing maneuvers carefully and execute them efficiently. Signal early, maintain a consistent speed, and do not return to the truck’s lane until you can see the entire truck in your rearview mirror.
• Anticipate Wide Turns: Commercial trucks require extra space for turns. When you see a truck signaling for a turn, never attempt to squeeze between the truck and the curb. This puts you directly in a side underride danger zone.
• Increase Following Distance at Night: Reduced visibility makes nighttime driving particularly hazardous around trucks. Double your normal following distance after dark and watch for poorly marked trailers or non-functioning lights.
• Be Weather-Aware: Frequent rainstorms, heavy fog, or tropical weather can reduce visibility. Reduce speed around trucks during adverse weather conditions.

Call Roden Law for Legal Help After a Charleston Truck Accident

The traumatic scene of an underride truck accident can lead to physical and emotional injuries. You do not have to face these devastating losses on your own.

At Roden Law, we can help you navigate the legal process. Our experienced legal team will review your situation, explain your options, and fight tirelessly to secure the maximum compensation you deserve. We can determine if you have a valid case during a free consultation. We do not charge any upfront costs for our legal services.

Learn more about your legal options: 1-844-RESULTS