Florida Underride Truck Accidents
Assisting Floridians injured by underride accidents in Miami & beyond
Truck underride accidents are some of the most dangerous truck crash scenarios that can unfold in and around Miami. In an underride accident, a small vehicle slides under a large truck, causing pervasive damage and potentially catastrophic injuries. Truck drivers and trucking companies are required to use and maintain certain safety equipment and follow safety regulations to mitigate some of the risks associated with truck crashes, but underride crashes often bypass these features to cause significant harm.
According to the National Safety Council, there were 341 traffic fatalities linked to Florida large truck accidents in 2023. While specific reporting of underride accidents can be hard to come by, these crash scenarios are widely considered some of the most dangerous and can prove fatal in many cases, particularly in traffic-dense areas like Miami.
If you or someone you love was injured in an underride accident in Miami, you deserve to know whether you’re entitled to compensation. The team at Hickey Law Firm is committed to helping survivors of underride accidents identify any potential sources of liability in their case so they can exercise their rights under Florida law. Contact our team today to learn more about filing a truck accident claim and to determine whether you may have the basis for a civil lawsuit related to an underride crash.
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Frequently Asked Questions
- What is an underride truck accident?
- Why underride accidents are so dangerous
- Common causes of underride truck accidents
- Injuries commonly seen in underride accidents
- Who can be held liable in an underride accident?
- What compensation is available for victims?
- Contact Hickey Law Firm about your underride accident
What is an underride truck accident?
In an underride accident, a passenger vehicle collides with a large truck (like a tractor-trailer) and slides underneath the body of the larger vehicle. Sometimes, the smaller car will travel completely underneath the truck or get wedged partially beneath it. In an underride crash, a small vehicle may collide with the rear of a truck or with one of its sides. Depending on how the crash occurs, a passenger vehicle may become wedged under the rear of the truck or along one of its sides.
These accidents often happen due to sudden stops and uncontrolled turns. For example, if a semi-truck suddenly slams on its brakes on an interstate like I-95, a smaller vehicle directly behind it could collide with the truck and slide underneath it. Similarly, if a large truck makes a wide turn and crosses a lane of oncoming traffic, a passenger vehicle could effectively T-bone the truck and get trapped under one of its broad sides.
In both situations, the height difference between the truck and the car can lead to a devastating crash. Underride accidents can lead to passenger vehicles being crushed under a truck, which can lead to serious physical injuries and irreparable damage to the smaller vehicle.
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Why underride accidents are so dangerous
Serious injuries can happen in all kinds of traffic crashes, but underride accidents are uniquely dangerous due to a few different factors. First, the mechanics of these crashes can cause severe damage even at slow or moderate speeds because the impact often results in the smaller car being fully or partially crushed from the top down.
In other crash scenarios, the force of a collision may be absorbed by the front or rear of a passenger vehicle. In underride accidents, the brunt of the force is applied at or above the vehicle’s windshield, so the body of the truck and the roof of the smaller car can easily intrude on the vehicle’s cab and cause serious harm to occupants.
Second, the tops of most passenger vehicles do not have the reinforcements and safety features that other vehicle components do. Airbags and crumple zones can’t always protect vehicle occupants from harm wrought from above. This can leave victims vulnerable to all kinds of serious injuries and increase the likelihood of catastrophic or even fatal damage.
Underride accidents can also trigger secondary crashes. If a smaller vehicle becomes lodged under a trailer, it could be pushed into surrounding lanes of traffic and come into contact with other nearby cars. This can initiate a domino effect that impacts multiple vehicles and motorists – particularly during rush hour or in areas of high traffic congestion.
Common causes of underride truck accidents
Some truck accidents are unavoidable and happen for reasons outside of anyone’s control. Other scenarios, however, could have been prevented under the right circumstances. Here are a few common causes of preventable underride truck accidents:
Poor visibility
When visibility is limited because of low-light or adverse weather conditions, drivers may be at an increased risk of being involved in a crash. If the driver of a passenger vehicle cannot adequately see a semi-truck turning in front of them, or if a truck driver can’t see a smaller car approaching in one of their blind spots, a crash may be harder to prevent.
Low visibility can be a major source of concern here in South Florida because we often see high levels of nighttime traffic and are prone to heavy rainstorms that seemingly crop up out of the blue. Truck drivers operating in this area need to ensure their reflectors, lights, and markings are fully functional and compliant with federal regulations in order to reduce the likelihood of a visibility-related underride crash.
Sudden changes in speed
When a truck slows down unexpectedly or suddenly slams on its brakes, drivers behind the truck may not have enough reaction time to avoid a rear-end collision. If the trailing driver is traveling at a high rate of speed, they may be more likely to continue their momentum in a collision and end up pinned under the body of the truck.
In heavy Miami traffic, stop-and-go conditions often feel like the norm, so underride accidents are a very real risk to motorists. While drivers are always expected to maintain a safe stopping distance, truckers should also do their part by avoiding sudden maneuvers or unnecessary drops in speed.
Underride guard issues
Many commercial trucks are equipped with rear underride guards to – theoretically – prevent smaller vehicles from sliding beneath them. Federal Motor Carrier Safety Administration (FMCSA) regulations require many commercial vehicles to have rear-end protection solutions like underride guards installed on them to mitigate the risk of underride crashes.
While these safety features can help reduce the risk of severe injury, they are not necessarily effective in every situation and do little in the way of preventing side-impact accidents. If a trucking company fails to utilize required underride guards or opts for equipment that does not meet safety standards or fails to perform as intended in a collision, a rear-end or side crash could more easily result in a devastating underride situation. Note that side underride crashes may involve different questions because federal law does not currently require side underride guards on trailers.
Unsafe driving behaviors
Unsafe driving behaviors are some of the most commonly cited causes of truck accidents. If a driver is speeding, fatigued, or distracted behind the wheel of a tractor-trailer, they could unknowingly be putting themselves and others in serious danger. Even seemingly minor lapses in judgment, like failing to signal a lane change, could lead to serious harm due to the size and scale of most commercial freight vehicles.
For example, if a truck driver is speeding through a construction zone and suddenly has to slam on their brakes to avoid a roadway hazard, they could cause an underride accident with the vehicle behind them and may even trigger a multi-car pile-up. Failing to follow established traffic laws or not taking reasonable steps to avoid causing harm to others could lead to a truck driver being held liable for any damages related to an accident they cause.
Injuries commonly seen in underride accidents
Because underride crashes often cause extensive damage to the passenger compartments of smaller vehicles, these collisions can be linked to severe and even life-threatening injuries, such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries, which may result in full or partial paralysis
- Broken bones and crushed limbs
- Internal bleeding and organ damage
- Loss of limbs/amputations
- Skull fractures
- Severe burns
Some of these injuries may result in lifelong disabilities and may seriously impact a person’s quality of life for years to come. Even if a crash victim manages to walk away from an accident with less catastrophic physical injuries, they may require physical therapy, chronic pain management, and other kinds of ongoing medical intervention.
These kinds of injuries can lead to many different kinds of losses – some financial and some personal. The true cost of an underride accident can extend far beyond surface-level injuries and may lead many survivors and their loved ones to suffer long-term distress. To help offset some of the tangible and intangible costs associated with underride accident injuries, some crash victims choose to pursue claims for compensation against the entity they believe was responsible for the crash.
Who can be held liable in an underride accident?
When an underride accident survivor begins considering filing a claim, the first step is often identifying the potential sources of liability involved in the accident. This process usually relies heavily on a thorough investigation of all the factors that may have contributed to the crash. Sometimes, liability lies with more than one party, and each party’s share of fault must be carefully evaluated under the law.
Potentially liable parties in a truck underride accident may include:
- A truck driver who failed to take reasonable steps to prevent causing harm to others by violating traffic laws or federal safety regulations.
- A trucking company that encouraged unsafe driving practices to meet unrealistic deadlines or that failed to comply with federal inspection, maintenance, hours-of-service (HOS), or other safety regulations.
- A third-party maintenance provider that failed to properly inspect or repair a potential safety hazard, like faulty brakes.
- An outside cargo loading service that improperly loaded a truck and subsequently contributed to a crash that involved a loss of vehicle stability or control.
- A truck manufacturer whose defective vehicle or component contributed to an underride crash.
Keep in mind that Florida uses a modified comparative negligence system when assessing fault for personal injury cases like truck accident claims. That means each involved party’s level of blame for a crash will be assessed and used to make a final determination about available damages. Under Florida’s system, accident victims may recover compensation from another at-fault party as long as the victim was not more than 50% responsible for the crash. If the claimant did contribute to the accident, however, their final damage award will be reduced by the same percentage as their level of fault.
An experienced truck accident lawyer in Miami can help investigate a crash to identify possible sources of liability. They can also help you understand how comparative negligence may or may not factor into your claim. These professionals know the law and understand the often complex nature of underride accidents in high-traffic cities like those in South Florida.
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What compensation is available for victims?
Anyone who has lived through a truck underride accident understands how devastating these crashes can be. Between the extensive nature of many survivors’ injuries and the ripple effect that they cause, the cost of an underride crash can easily last a lifetime. Filing a claim for compensation can help offset some of these costs and provide survivors with the support they need to cover the past, present, and future losses.
Many claims involve economic damages like medical bills, long-term care and rehabilitative costs, lost wages, and more. Survivors may also be entitled to non-economic damages for things like emotional distress, pain and suffering, and loss of quality of life.
Truck accident lawyers and their clients must work together to compile ample documentation that supports their claim for compensation. Medical records, disability applications, invoices, and expert testimony can all help survivors calculate and argue for the full value of their claim so they receive the funds they need to regain a sense of stability and security following a devastating crash.
Contact Hickey Law Firm about your underride accident
Miami motorists deserve to know that they have legal options in the event that they are injured in a negligence-related truck underride accident. Truck drivers and their employers have a responsibility to take reasonable steps to protect others on the road, and they can and should be held accountable when they fail to do so.
At Hickey Law Firm, we understand how devastating a truck underride accident can be – even without the added strain of a complicated legal battle. Our Miami-based team understands the challenges that come with serious truck accident cases, and we’re committed to helping clients from all walks of life pursue claims for any and all compensation they deserve under Florida law.
If you were injured in an underride accident in Miami, fill out our online contact form or stop by our Miami office at 12150 SW 128th Ct., Suite 225 to speak with a member of our team. We’d love to learn more about your case and help you better understand what options may be available to help you fight for accountability.