In a recent development criticized by safety advocates, the National Highway Traffic Safety Administration (NHTSA) has denied a request to investigate defective rear guard equipment on trucks, including semi-trucks and tractor-trailers.
The petition, filed in 2022 by crash victim advocates Jerry and Marianne Karth, Eric Hein, and Lois Durso-Hawkins, aimed to address the growing concerns over the effectiveness of these crucial safety features in preventing truck underride accidents, which often result in devastating injuries and fatalities.
The petitioners contended that without regulatory action, truck and trailer manufacturers would likely neglect this critical safety issue. They noted that more advanced rear-guard technologies are available, which have been well-researched and could be implemented cost-effectively to significantly reduce the risk of fatal underride accidents.
The decision has significant implications for road safety and highlights the ongoing issues surrounding safety measures in the trucking industry.
Understanding the importance of underride guards
Rear guards, or underride guards, are critical safety features designed to prevent smaller vehicles from sliding underneath large trucks during a collision. These guards play a crucial role in reducing the severity of crashes and preventing fatalities. However, numerous reports and tragic incidents have suggested that the current standards for these guards may be insufficient, leading to catastrophic results.
The NHTSA's refusal to investigate the potential defects in rear guard equipment has sparked outrage among safety advocates and families of crash victims. The agency cited existing regulatory measures and ongoing research as reasons for not launching a new probe. Despite these assurances, many believe that the current regulations do not adequately address the dangers posed by underride crashes.
Why are underride accidents so dangerous?
These types of accidents are particularly dangerous for several reasons, including:
Severe impact and occupant exposure
When a smaller passenger vehicle slides under a semi-truck, box truck, tractor-trailer, or some other type of heavy truck, the point of impact is often at the windshield or roof level, bypassing many of the car’s built-in safety features designed to absorb and deflect impact forces. This means that the occupants of the smaller vehicle are directly exposed to the brunt of the collision, which can lead to catastrophic injuries or fatalities.
Crushed roof and compromised passenger compartment
In underride accidents, the roof of the smaller vehicle can be sheared off or crushed, compromising the integrity of the passenger compartment. This drastic deformation can result in severe head and upper body injuries to the occupants, including traumatic brain injuries, spinal cord injuries, and other life-threatening conditions.
Ineffective safety features
Modern vehicles are typically equipped with a range of safety features, such as airbags and crumple zones, designed to protect occupants during a crash. However, these features are largely ineffective in underride accidents. Airbags, for instance, may not deploy correctly if the sensors are not triggered by the unusual impact angle, and crumple zones cannot function as intended if the collision bypasses these areas.
Delayed emergency response
The severity of underride accidents often means that emergency responders face challenges in extricating victims from the wreckage. The delay in providing medical attention can exacerbate injuries and reduce the chances of survival for those involved.
Increased fatality rates
Due to the direct exposure to impact forces and the failure of safety systems, underride accidents have a higher fatality rate than other collisions. Victims who survive these accidents often endure significant physical and emotional trauma, requiring long-term medical care and rehabilitation.
Common causes of underride accidents
Underride accidents are often the result of specific conditions and actions by truck drivers or trucking companies that contribute to these dangerous collisions, including:
- Inadequate or defective rear guards: One of the primary causes of underride accidents is the failure of rear guards to prevent smaller vehicles from sliding under the truck. These guards may be inadequately designed, improperly installed, or poorly maintained, reducing their effectiveness in a collision.
- Lack of side guards: While rear guards are more common, the absence of side guards on trucks also contributes to underride accidents. Side guards can prevent vehicles from sliding under the sides of trailers during side-impact collisions, but they are not yet a standard requirement in the United States.
- Poor visibility and lighting: Underride accidents frequently occur in low visibility conditions, such as at night or in poor weather. Insufficient lighting on trucks and trailers makes it difficult for drivers of smaller vehicles to see the truck's outline, increasing the likelihood of a collision.
- Sudden stops or deceleration: Trucks that come to an abrupt stop or decelerate quickly can cause trailing vehicles to collide with the back of the truck. Without adequate warning or time to react, the smaller vehicle may slide under the truck, especially if the underride guards are ineffective.
- Improperly marked trucks: Big rigs that lack proper reflective markings or signage are harder to detect, especially in low-light conditions. Reflective tape and other visibility enhancements are crucial for making trucks more visible to other drivers, helping to prevent underride collisions.
- Driver fatigue: Truckers who are fatigued may have slower reaction times and impaired judgment, increasing the likelihood of accidents. Fatigue can lead to sudden, erratic movements or stops that catch other drivers off guard, resulting in underride accidents.
- Failure to maintain safe following distances: Truckers who do not maintain safe following distances can create hazardous situations for vehicles behind them. In traffic or emergency braking situations, insufficient space can lead to collisions where smaller vehicles are unable to avoid an underride collision.
- Poor maintenance: Lack of regular maintenance can lead to mechanical failures, such as brake malfunctions, that can cause sudden stops or erratic driving. These mechanical issues can significantly increase the risk of underride accidents.
Keep in mind that the consequences of underride accidents extend beyond physical injuries. The financial burden of medical bills, lost wages, and long-term care can be overwhelming for victims and their families. Additionally, determining liability in these accidents can be complex and often requires a thorough investigation conducted by an experienced truck accident attorney.
Our Texas truck accident lawyers know how to handle complex cases
For victims of underride accidents, understanding your legal rights is crucial. If you or a loved one has been injured in a truck accident involving defective safety equipment or some other form of negligence, you may be entitled to compensation for your injuries, medical expenses, lost wages, and pain and suffering.
At Tracey Fox & Walters, we take pride in representing victims of serious truck accidents and are dedicated to holding negligent parties accountable. Our experienced attorneys are committed to fighting for our clients' rights and ensuring they receive the maximum compensation they deserve under Texas law. For example, in one case, we obtained a $9.5 million settlement for a fatal truck accident.
Contact us today for a free consultation to discuss your case and learn how we can help you seek justice and compensation.