Driving along the Long Island Expressway can be a breeze until you see a massive tractor-trailer. These trucks pose an underride accident as a unique and terrifying risk.
Unfortunately, the damages arising from this crash can be catastrophic. You have the right to file a claim against the trucking company, but it is important to understand what your claim should address.
What an underride accident means
An underride crash occurs when a smaller vehicle hits the rear of a trailer and slides underneath it. The trailer’s chassis is often higher than the car’s hood, allowing passenger vehicles to fit. However, this bypasses the car’s crumple zones and airbags, resulting in a passenger compartment intrusion. This means the impact deforms the car’s exterior parts inward into the passenger space.
How the government prevents this kind of collision
Under federal law, trucking companies must equip commercial trucks and trailers with rear impact guards. These act as a barrier to stop any vehicle from sliding under the trailer.
Moreover, the law has regulations on a guard’s placement on the truck. While the rules generally require a 22-inch ground clearance for modern trailers, specific older or specialized vehicles may technically follow a 30-inch standard. However, failing to upgrade to the safe 22-inch standard can be cited as negligence in court.
When ignoring safety measures turns into negligence
Installing rear impact guards is one thing, but maintaining them in good condition is another. If a company fails to inspect, repair or replace damaged guards, they are in direct violation of the Federal Motor Carrier Safety Regulations.
Since New York is a no-fault state when it comes to injury claims, you must file a No-Fault Application within 30 days of the accident. Your own insurance typically covers initial medical bills and lost wages up to $50,000. You may pursue a lawsuit for losses that exceed this limit, but to recover for pain and suffering, your injuries must meet the state’s specific serious injury threshold.
Taking action to protect your rights after a crash
Underride accidents can lead to severe or catastrophic injuries that can change your life permanently. This causes unfathomable emotional and physical pain. Moreover, facing a trucking company and its insurance team can be discouraging when filing a lawsuit.
You deserve a fighting chance to reclaim the damages. It is a must to file a lawsuit within three years in New York, but specific cases against government entities require a formal notice within 90 days. However, understand that the process involves navigating the complexities of federal safety standards and state liability laws. It is wise to consult with an auto accident attorney to gain the guidance you need in moving forward.