Side Underride Truck Crashes in Pennsylvania: Understanding Your Rights

A side underride truck crash on a Pennsylvania interstate is a horrifying event. The force of a large truck can crush smaller vehicles, leaving victims with severe injuries and mounting medical bills. You might be wondering why these devastating accidents happen, especially when safety measures like side guards could prevent them.

We understand the shock and confusion you are facing after such a traumatic incident. It is natural to feel overwhelmed when an adjuster is pressuring you and your focus should be on recovery.

What is a Side Underride Truck Crash?

A side underride truck crash occurs when a smaller vehicle, like a car, slides underneath the side of a large truck or trailer. This often happens in collisions where the truck is turning, changing lanes, or crossing traffic. Because the truck's trailer often sits higher than a car's hood, the car can underride the trailer, causing the trailer to shear off the top of the car. This can lead to severe head trauma, decapitation, and other catastrophic injuries or death for the occupants of the smaller vehicle.

Why Aren't Side Guards Federally Required?

Despite the known dangers, federal law does not currently require side underride guards on tractor-trailers. While rear underride guards have been mandatory since the 1950s, side guards remain optional. This is largely due to arguments about cost, weight, and the perceived effectiveness of existing regulations. Trucking companies and manufacturers often resist additional regulations, citing the expense of installing and maintaining such equipment.

This absence of federal requirements means that many trucks on Pennsylvania roads do not have these crucial safety devices. This decision leaves passengers in smaller vehicles vulnerable to life-altering injuries or wrongful death in the event of a side impact.

Liability in a Pennsylvania Side Underride Truck Crash

Even without federal side guard mandates, you may still have options to pursue compensation if you were involved in a side underride truck crash. Proving liability in these complex cases often involves looking beyond the immediate actions of the truck driver.

Driver Negligence

The truck driver can be held responsible if their negligent actions contributed to the crash. This includes:

• Failing to check blind spots.
• Making improper turns or lane changes.
• Driving while fatigued.
• Distracted driving.
• Driving under the influence.

These actions violate safe driving practices and can be a direct cause of a side underride crash.

Trucking Company Negligence

The trucking company that employs the driver or owns the truck can also be held liable. Their negligence might include:

• Failing to properly train drivers.
• Pressuring drivers to violate hours-of-service regulations (49 C.F.R. § 395.3).
• Improperly maintaining the truck or trailer.
• Negligent hiring practices.
• Failing to implement safety measures, such as installing side guards, even if not federally mandated.

These are examples of how a trucking company's actions or inactions can contribute to a severe accident.

Manufacturer Defects

In some cases, a defect in the truck or trailer itself could have contributed to the crash or made the injuries worse. If a component failed due to a manufacturing or design flaw, the manufacturer of that part could be held responsible.

The Role of Federal Motor Carrier Safety Regulations (FMCSRs)

Even without side guard requirements, many federal regulations govern the trucking industry. These are found in the Code of Federal Regulations, particularly 49 C.F.R. (FMCSRs). These rules cover everything from driver qualifications and hours of service to vehicle maintenance and inspection standards. Violations of these regulations can be a key factor in proving negligence in a truck accident case. For instance, if a truck was operating with faulty brakes due to a missed inspection, and those brakes contributed to a crash, the trucking company could be held liable.

In addition, the Pennsylvania Vehicle Code (75 Pa. C.S.) outlines state-specific rules that truck drivers and companies must follow while operating on Pennsylvania roads. These state laws work in conjunction with federal regulations to ensure safety.

Comparative Negligence in Pennsylvania

Pennsylvania follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, your ability to recover compensation may be affected. Under 42 Pa. C.S. § 7102, if your fault is determined to be 51% or more, you generally cannot recover any damages. If your fault is 50% or less, your recoverable compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your total award would be reduced by 20%.

Insurance adjusters often try to place a significant portion of blame on the victim to reduce their payout. It is crucial to have strong representation to protect your rights.

The Statute of Limitations in Pennsylvania

Time is a critical factor after a side underride truck crash. In Pennsylvania, there is a strict deadline for filing a personal injury lawsuit. Generally, you have two years from the date of the accident to file your claim. This deadline is known as the statute of limitations, and it is set by 42 Pa. C.S. § 5524. If you miss this deadline, you may lose your right to pursue compensation, no matter how strong your case is. This two-year period applies to most personal injury cases, including those involving truck accidents.

For wrongful death actions, the statute of limitations also typically runs two years from the date of death, as outlined in 42 Pa. C.S. § 8301. For a survival action, which covers the deceased's own losses between injury and death, the deadline is also generally two years from the date of death, under 42 Pa. C.S. § 8302.

What to do next

After a side underride truck crash, your priority should be your health and well-being. However, swift action is also important for protecting your legal rights. Contacting an experienced personal injury attorney is a crucial next step. We can help you navigate the complexities of truck accident claims, investigate the incident, identify all responsible parties, and ensure that all deadlines are met. We will work to build a strong case on your behalf.

Frequently Asked Questions About Side Underride Truck Crashes

What makes side underride crashes so dangerous?

Side underride crashes are exceptionally dangerous because a smaller vehicle can slide beneath the trailer, causing severe damage to the passenger compartment. This often results in catastrophic injuries or death to the occupants, as the vehicle's safety features are bypassed.

Can I still pursue a claim if side guards are not federally required?

Yes, you can still pursue a claim. While side guards are not federally mandated, you may still be able to prove negligence on the part of the truck driver, the trucking company, or even the manufacturer if a defect contributed to the crash. The absence of a federal rule does not eliminate all liability.

How long do I have to file a lawsuit after a side underride crash in Pennsylvania?

In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations, found in 42 Pa. C.S. § 5524. It is important to act quickly to avoid missing this critical deadline.

What if I was partly at fault for the accident?

Pennsylvania uses a modified comparative negligence rule. If you are found to be 50% or less at fault, you may still recover compensation, but the amount will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you cannot recover compensation under 42 Pa. C.S. § 7102.

What kind of compensation can I seek after a side underride crash?

After a side underride crash, you can seek compensation for various damages. This may include medical expenses, lost wages, pain and suffering, and other related losses. The specific types and amounts of recoverable damages depend on the unique circumstances of your case.

How do federal trucking regulations affect my case?

Federal Motor Carrier Safety Regulations (FMCSRs) are critical in truck accident cases. If a truck driver or trucking company violated these rules, such as those related to hours of service or maintenance (49 C.F.R. § 395.3), it can be used as evidence to prove their negligence. These regulations help establish the standard of care expected in the trucking industry.

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Frequently Asked Questions

What makes side underride crashes so dangerous?

Side underride crashes are exceptionally dangerous because a smaller vehicle can slide beneath the trailer, causing severe damage to the passenger compartment. This often results in catastrophic injuries or death to the occupants, as the vehicle's safety features are bypassed.

Can I still pursue a claim if side guards are not federally required?

Yes, you can still pursue a claim. While side guards are not federally mandated, you may still be able to prove negligence on the part of the truck driver, the trucking company, or even the manufacturer if a defect contributed to the crash. The absence of a federal rule does not eliminate all liability.

How long do I have to file a lawsuit after a side underride crash in Pennsylvania?

In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations, found in 42 Pa. C.S. § 5524. It is important to act quickly to avoid missing this critical deadline.

What if I was partly at fault for the accident?

Pennsylvania uses a modified comparative negligence rule. If you are found to be 50% or less at fault, you may still recover compensation, but the amount will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you cannot recover compensation under 42 Pa. C.S. § 7102.

What kind of compensation can I seek after a side underride crash?

After a side underride crash, you can seek compensation for various damages. This may include medical expenses, lost wages, pain and suffering, and other related losses. The specific types and amounts of recoverable damages depend on the unique circumstances of your case.

How do federal trucking regulations affect my case?

Federal Motor Carrier Safety Regulations (FMCSRs) are critical in truck accident cases. If a truck driver or trucking company violated these rules, such as those related to hours of service or maintenance (49 C.F.R. § 395.3), it can be used as evidence to prove their negligence. These regulations help establish the standard of care expected in the trucking industry.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.