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Seattle Underride Accident Lawyers
Fighting for truck accident victims and families for more than 20 years
Truck underride accidents are preventable in two fundamental ways. Firstly, by promoting safe driving practices, and secondly, by ensuring trucks are equipped with effective underride guards. At Smith McBroom, our Seattle underride accident lawyers specialize in holding truck drivers and companies accountable for these preventable accidents. We advocate fiercely for compensation for your injuries and represent families in cases of fatal underride accidents. Contact us now to assert your right to compensation.
How can we help?
- What is a truck underride accident?
- How can truck underride accidents be prevented?
- Who do your Seattle truck underride accident lawyers hold accountable?
- What laws regulate underride guards?
- What damages are awarded in Seattle truck accident cases?
- Do you have a Seattle underride accident lawyer near me?
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What is a truck underride accident?
Trucks, due to their height, pose a significant risk in collisions with smaller vehicles. An underride accident occurs when a smaller vehicle slides beneath a truck, often resulting in fatalities or catastrophic injuries.
In many accidents, the smaller vehicle slides underneath the rear of the truck. In some cases, the smaller vehicle slides underneath the side of the truck. A truck that rear-ends a car in front of the truck can completely drive over the vehicle. Pedestrians and bicycle riders can also slide underneath a tall truck.
At Smith McBroom, we specialize in handling cases involving truck accidents, advocating for victims and their families to secure the compensation they deserve.
According to Frontline, there were more than 400 underride fatalities in 2021. Frontline’s analysis concludes that the number of deaths due to underride accidents is likely underreported. “The point of impact in an underride crash is typically the hood or the windshield of the smaller vehicle, so some safety features in the car, such as airbags, may not be activated.”
How can truck underride accidents be prevented?
There are two parts to a truck underride accident:
- The first part is the accident itself. In many cases. Truck drivers may be liable for the accident if they speed, drive while distracted, drive while intoxicated, or drive carelessly in any way that causes the accident. Truck drivers and truck companies may also be responsible for the accident if the driver fails to indicate they’re turning or stop without warning. Safe driving prevents underride accidents because there’s no collision.
- The second part involves the smaller car riding under the truck. Even when a truck is stopped and the driver of the small car rear-ends the truck, the truck owner may be liable for the truck accident for failing to install rear safety guards (or side or front safety guards). These guards help block the car from sliding underneath the truck. Generally, trucks on Seattle roads must, according to federal law, have rear safety guards. Rear safeguards prevent truck underride accidents. Side and front guards are advisable because they can prevent truck underride accidents as well. They’re not required – yet.
Another way that truck drivers and truck companies can prevent underride accidents is to ensure their lights, turn signals, and reflectors are in working order.
Who do your Seattle truck underride accident lawyers hold accountable?
At Smith McBroom, we file claims against the truck driver if their negligence caused the accident. We also file claims against the owner of the truck if the truck fails to comply with federal safety regulations or any Washington safety regulations.
Other defendants may include the company that failed to properly install and maintain the underride guards. The manufacturer of the truck may also be liable.
Passengers in a vehicle that is crushed in a truck underride accident may have a claim against the driver of the vehicle they were riding in if the driver was too close to a truck in front, drove while speeding, drove while intoxicated, or was negligent for any other reason.
What laws regulate underride guards?
According to the National Highway Traffic Safety Administration (NHTSA), in June 2022, the agency finalized its rules to help drivers and passengers in smaller vehicles in the event of a truck underride crash.
The rule requires rear impact guards on trailers and semi-trailers with sufficient strength and energy absorption to protect occupants of passenger vehicles in multiple crash scenarios - helping to keep drivers safe and prevent deadly crashes. The final rule amends FMVSS No. 223, “Rear Impact Guards,” and FMVSS No. 224, “Rear Impact Protection.”
The NHTSA states that the rule “will require rear impact guards [on trailers and semi trailers] to provide sufficient strength and energy absorption to protect occupants of compact and subcompact passenger cars impacting the rear of trailers” at 35 mph.
The rear underride requirements of the new rule should provide protection “in crashes in which the passenger motor vehicle hits “the center of the rear of the trailer or semi trailer and in which 50 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semi trailer.”
The NHTSA also established an advisory committee to review the effectiveness, benefits, costs, and impacts of underride guards for trailers and semi-trailers, data collection improvements, and other research efforts.
Currently, side underride guards are not required, though The Insurance Institute for Highway Safety recommends that the installation of side underride guards be mandated.
What damages are awarded in Seattle truck accident cases?
At Smith McBroom, we work with your doctors to understand the full scope and severity of your injuries. Truck underride accidents often cause catastrophic injuries and permanent injuries. Tragically, many truck underride accidents are fatal.
We file personal injury actions on behalf of the survivors. We demand compensation for all your current and future:
- Medical expenses, including emergency treatment, hospitalizations, surgeries, doctor visits, physical therapy and other rehabilitative therapy, medications, and assistive devices
- Lost income, including lost benefits and permanent disability compensation
- Physical pain and emotional suffering
- Property damage (your car was likely totaled)
- Loss of consortium
Loss of bodily function - Scarring and disfigurement
- Loss of quality of life
We file wrongful death claims if a loved one died in a Seattle truck underride accident. These damages include:
- The funeral and burial costs
- The loss of financial support your loved one would have provided
- The loss of comfort, society, love, and guidance your family member would have provided each family member
- Loss of consortium of a spouse
Do you have a Seattle underride accident lawyer near me?
Smith McBroom meets truck accident victims and their families at our Seattle office at 16400 Southcenter Parkway Suite 210. If you’re unable to physically come to our office, we’ll arrange to see you at a more convenient location, including your home or a hospital. We also speak with clients by phone and through online conferences.
We’ve helped many truck accident victims just like you. We’ll fight for all the compensation you deserve.
Speak with our accomplished truck accident lawyers today
Underride accidents are preventable. Rear and side guards save lives. At Smith McBroom, we’ll work aggressively to show how your accident happened, why it was preventable, and who is responsible. Our Seattle underride accident lawyers work with professionals when necessary to show whether the truck that caused your accident was in compliance with the federal underride laws. We work with your doctors to understand how life-altering your injuries are. We have the compassion and experience to represent families when truck underride accidents are fatal. Call us or complete our contact form to schedule a free consultation. We represent truck accident victims in Tukwila, Seattle, and across Washington State.