Underride and Override Accidents

Underride and override accidents typically involve a smaller vehicle striking a truck or bus in such a way that the front or rear of the smaller vehicle slides under the larger vehicle. In some cases, most of the smaller vehicle can get lodged under a big rig, tractor trailer, or other commercial truck. These collisions often result in catastrophic injuries or even death.

At The Law Office of Mark A. Siesel, we have almost 40 years experience handling motor vehicle accidents, including bus, truck, and motorcycle collisions. Our firm is committed to helping victims in Westchester, Bronx, Kings, Orange, Rockland, Putnam, Dutchess, Ulster, and Sullivan counties seek justice and secure the compensation they need. We are happy to offer a free consultation if you have been injured, so reach out to schedule yours today.

Understanding Underride Accidents

An underride accident occurs when a smaller vehicle slides beneath the rear or side of a larger truck or bus during a collision. Rear underride accidents, in particular, are extremely dangerous because the smaller vehicle’s passenger compartment can be crushed by the truck’s frame. These accidents often happen when a car can’t stop in time and rear-ends a truck. Side underride collisions often happen during lane changes, merging, or turns, and can result in similar catastrophic outcomes.

Underride accidents are most common with commercial trucks, including tractor-trailers and delivery vehicles, but they can also involve buses or other large vehicles. In Westchester and along major thoroughfares such as I-87 and I-95, these accidents frequently occur during peak traffic hours when vehicles are traveling closely together.

The Department of Transportation requires trailers to have an underride guard, which is a safety bar meant to prevent these kinds of crashes. However, not all trucks are required to have these safety bars. Those that do may not always maintain them, and the guards are only required on the rear of the vehicle, which does not prevent side underride accidents.

Understanding Override Accidents

Override accidents are the opposite scenario: it is the truck that drives over the smaller vehicle, lodging it under the truck. This can happen when a truck is turning and the driver fails to notice a smaller vehicle, causing the truck or trailer to essentially crash over the top of the passenger car. This type of accident can also happen when a truck is unable to stop in time and rear-ends a passenger car, forcing part or all of the vehicle under the truck.

How Override and Underride Accidents Differ from Other Truck Collisions

While any collision involving a commercial vehicle can be serious, underride and override accidents are uniquely dangerous because of the way the vehicles interact during the crash. These differences mean that it is very rare for the occupants of the smaller vehicle to walk away uninjured.

In a typical rear-end collision between two cars, the impact force is distributed across similar-sized vehicles, often protecting the passenger compartments. With underride or override accidents, the size and height difference between the truck and the smaller vehicle dramatically increases the risk of severe injury or death.

One issue is the point of impact. In an underride or override accident, the lower part of the truck often hits the windshield or the hood, rather than the crumple zone of the car. This can mean glass goes flying and sometimes safety systems, such as airbags, do not deploy.

In these accidents, the passenger compartment is often crushed. Occupants often sustain direct injuries and may even become trapped in the car. Devastating injuries, such as traumatic brain injuries, internal injuries, and even amputations can happen. In some cases, the truck doesn’t come to a complete stop right away and can drag the vehicle trapped underneath. This can create sparks, fuel spills, and the risk of fire.

Common Causes of Underride and Override Accidents

Several factors can contribute to these dangerous collisions:

• Improper truck or bus safety equipment. Rear guards, reflective markings, and underride prevention bars are required on commercial vehicles, but failures or defects can increase the risk of collisions.
• Driver error. Fatigue, distraction, speeding, unsafe lane changes are common causes. A truck driver’s failure to check mirrors or blind spots, especially when turning or changing lanes, can place smaller vehicles directly in danger.
• Poor road conditions. Poor signage and lighting can create confusion on the road and can lead to accidents.
• Traffic congestion. Closely spaced traffic reduces reaction times, making rear-end and side-impact collisions more likely.

In many cases, underride and override truck accidents are preventable. Finding the cause of your accident can help you determine the liable parties in your crash and can help you seek fair compensation.

Injuries From Underride and Override Accidents

Injuries in these accidents can include:

• Traumatic brain injuries (TBI).
• Spinal cord injuries.
• Fractures and amputations.
• Organ damage.
• Facial injuries and scarring.
• Psychological trauma and post-accident anxiety

These injuries often require long-term medical care, rehabilitation, and can permanently affect your ability to work or carry out daily activities. Since injuries from these accidents tend to be more severe, they also tend to come with higher medical costs.

Liability in Underride and Override Accidents

Liability often rests with the truck or bus driver, who is required to be aware of the vehicle’s blind spots and to watch out for smaller vehicles. Insurers, however, will sometimes try to blame the victims, accusing them of tailgating or cutting off a truck. In these cases, you will want to work with an experienced attorney who can find out what really happened and who can make sure you aren’t blamed for an accident you did not cause.

Beyond the drivers in the case, trucking companies may be held liable if they failed to train, vet, or supervise their drivers. Defective safety equipment, such as missing or improperly installed underride guards, can also contribute to accidents. In these cases, the manufacturers may be held liable.

What To Do After Underride or Override Accidents

In most car and truck accidents, we recommend that drivers document the scene and take additional steps. Underride and override accidents are different. You should always treat these as a potential medical emergency. If you can, get a friend or family member to get documentation at the scene. Otherwise, let police handle the details.

These accidents are also different in that you will want to speak to a truck accident lawyer right away. Insurers and trucking companies are very aggressive in trying to minimize claims in these cases, and they will swing into action right away. They may even reach out to you while you are in the hospital or recovering at home. You will want an attorney in place immediately to deal with these calls.

At The Law Office of Mark A. Siesel, we offer a free consultation if you have been injured. Even if you’re in the hospital, you can reach out and we will contact you promptly to schedule your consultation.

Investigating Underride and Override Accidents

Investigating these accidents often requires specialized knowledge and resources. Our approach typically includes:

• Accident reconstruction using engineering principles and vehicle dynamics to understand how the collision occurred.
• Vehicle inspection, including checking for defective or missing safety equipment, including underride guards and brake systems.
• Reviewing driver and company records, including driver logs, training, and maintenance records.
• Determining coverage limits, supplemental policies, and potential recovery sources.

Compensation for Underride and Override Accidents

Compensation in these cases depends on the severity of the injuries, financial losses, and insurance coverage. Depending on the specifics of your case, you may be able to seek recovery for:

• Pain and suffering.
• Current and future medical expenses.
• Lost earnings and loss of earning capacity.
• Property damage.
• Incidental expenses, such as rental cars.

It is very possible that your injuries will leave you in pain for years. Securing fair compensation now is important to ensure that you can pay for the care and support you need to move forward.

Why Choose The Law Office of Mark A. Siesel?

One of the most challenging things about being in a serious accident is choosing the right lawyer. You know that a good attorney can make a difference, but how do you know who is the right fit? We have designed our law firm to offer exceptional representation. Here’s what makes us different:

Experience and expertise. With almost 40 years experience, Mark A. Siesel has successfully handled complex motor vehicle accident cases, including truck, bus, motorcycle, and car collisions.

Personal attention. We build lasting relationships with our clients, often remaining in contact for years after a case concludes. You can expect prompt responses to calls and emails, usually within 24 business hours, and often the same day.

Local knowledge. Our offices serve Westchester, Bronx, Kings, Orange, Rockland, Putnam, Dutchess, Ulster, and Sullivan counties. We know the roads, traffic patterns, and common accident locations, which allows us to present compelling cases.

If you or a loved one has been injured in an underride or override accident, contact The Law Office of Mark A. Siesel for a free consultation. In a free consultation, we can give you a better understanding of whether you may have a case and what your next steps could be.