Underride accidents typically cause serious and even fatal injuries. People who survive such accidents often suffer life-changing injuries that can be emotionally draining and extremely costly to treat. If you or a loved one has been injured in an underride accident, you need the help of a trustworthy Massachusetts truck accident attorney. At Barry Feinstein & Affiliates, P.C., we are committed to aggressively representing clients and families who have been affected by underride accidents.
Underride accidents take place when a car goes partially or fully underneath a truck or trailer in a collision. In other words, underride accidents refer to accidents in which a passenger vehicle strikes a truck and goes underneath it. Even at relatively low speeds, these collisions can have devastating consequences for individuals in the smaller vehicle. To decrease the chances of underride accidents, trucks often use guards, which are metal bars intended to prevent cars from sliding under the trucks. However, the effectiveness of these guards has been questionable, especially when cars are traveling at high speeds.
Unfortunately, underride accidents are more common than you may think. The National Highway Traffic Safety Administration (NHTSA) estimates that 400 people die each year due to underride accidents. In addition, more than 5,000 occupants of passenger vehicles suffer serious injuries in these types of accidents each year. Underride accidents can happen for a variety of reasons, including but not limited to:
- A car passing a right turning truck on the right side;
- The rear underride guard being weak;
- The trailer lacking visibility;
- The truck failing to give the right of way; and
- The truck driver changing lanes without checking other traffic or signaling.
Fault for underride crashes most often rests with the truck driver and the trucking company if it did not provide proper training or did not equip its trailer with equipment to prevent or minimize underride accidents. These lawsuits are typically rooted in the theory of negligence. Negligence occurs when a person causes injuries or death by failing to use reasonable care in their actions or omissions. Reasonable care refers to the level of care that a reasonably prudent truck driver would have used in the same situation. In order to prove negligence, the plaintiff must demonstrate the following elements: i) the defendant owed a duty of care to the plaintiff; ii) the defendant breached the duty of care; and iii) the defendant’s breach was a direct cause of the accident and the resulting injuries.
Underride accidents are some of the most frightening and deadly types of accidents on the road. If you or a loved one has been hurt in an underride accident that was not your fault, you need to reach out to a reputable Massachusetts car accident attorney who can help. AtBarry Feinstein & Affiliates, P.C., we are committed to getting victims of truck accidents the compensation they deserve. You can rest assured that we can analyze the facts of your case and help you understand your rights. For more details, call us at 1-800-262-9200 or contact us through our website.
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