Hurt in an Underride Crash? Talk to Terance Madden

T. Madden & Associates, P.C. is an underride truck crash lawyer Georgia families can contact after a serious wreck. An underride crash happens when a car, SUV, or motorcycle slides under the back, side, or front of a truck or trailer. These crashes often cause severe injuries. This page explains how they happen and what a claim can involve.

What an underride truck crash is

An underride truck crash is a wreck where a smaller vehicle slides under a truck or trailer instead of striking its bumper.

When a car hits the back of a trailer, its front end can slide underneath. Cars are built with crumple zones to absorb force. A trailer’s frame or edge can instead meet the people inside.

Federal rules define a rear impact guard as a device that limits how far a striking vehicle’s front end slides under the truck’s rear.

Each trailer and semitrailer with a gross vehicle weight rating of 4,536 kg (10,000 pounds) or more, and manufactured on or after January 26, 1998, must be equipped with a rear impact guard under the federal rear impact guard rule, except pole trailers, pulpwood trailers, low chassis vehicles, special purpose vehicles, wheels back vehicles, road construction controlled horizontal discharge trailers, and trailers towed in driveaway-towaway operations. The guard’s bottom edge can be no more than 22 inches above the ground at any point across its full width, except that guards with rounded corners may curve upward within 10 inches of the side extremities of the vehicle. Guard condition and placement often become central facts in a claim. Guard condition and placement often become central facts in a claim.

Common causes and contributing factors

Most underride crashes involve a truck that slowed, stopped, or sat where drivers could not see it in time, or a trailer with failed guards or lights. Common factors include:

• Sudden braking, or a truck stopped in a travel lane or on a shoulder without warning.
• Missing, damaged, or improperly mounted rear guards, or dim lights and reflectors at night or in fog.
• Driver fatigue.
• Duty-status records. Except for private motor carriers of passengers (nonbusiness), motor carriers must require each driver to record the driver’s duty status for each 24-hour period under the federal duty status recording rule, and no driver or motor carrier may tamper with an electronic logging device so that it does not accurately record and retain required data.
• Unrepaired defects. Before requiring or permitting a driver to operate a vehicle, every motor carrier or its agent must repair any defect or deficiency listed on the driver vehicle inspection report that would be likely to affect the safety of operation of the vehicle, as set out in the federal vehicle inspection report rule.

The crash report, electronic logs, inspection records, and vehicle data show what actually happened.

Injuries and compensation you may pursue

A Georgia underride claim can seek medical costs, lost income, and pain and suffering. Families may bring a wrongful death claim for the homicide of a loved one, and Georgia law sets out which relatives may bring that claim and the order in which they may sue.

Common injuries include traumatic brain injury, spinal cord injury, skull and facial fractures, internal organ damage, amputation, and burns.

Under O.C.G.A. § 51-12-1.1, medical damages are limited to the reasonable value of medically necessary care. The damages cap guide explains how Georgia law can limit certain damages.

In a wrongful death case, O.C.G.A. § 51-4-2 lets a surviving spouse, or children if there is no spouse, recover the full value of the decedent’s life, as shown by the evidence. Under O.C.G.A. § 51-4-5, the personal representative of the deceased person can recover funeral, medical, and other necessary expenses when death results from a crime or from criminal or other negligence.

Who may be liable in a Georgia underride case

The truck driver, the motor carrier, and companies tied to the trailer can be responsible when their negligence contributed to the crash. Possible parties include:

• The driver, for distraction, fatigue, speeding, or impaired driving.
• The trailer owner or repair company that handled guards, lights, or brakes.
• A manufacturer or installer, if a defective or poorly installed guard contributed.

Georgia divides fault among them. Under O.C.G.A. § 51-12-33, damages are reduced by the injured person’s own share of fault. A plaintiff 50 percent or more responsible recovers nothing. Each defendant’s share is its own, not joint liability.

How a Georgia underride claim is handled step by step

A claim usually moves from medical care and evidence gathering to investigation, negotiation, and, if needed, a lawsuit.

1. Get medical care and keep records. Keep every bill, receipt, and appointment note, even when early injuries seem minor.
2. Document the crash. Save the police report number, photos, witness names, and vehicle details.
3. Request a free consultation. T. Madden & Associates, P.C. offers a free, confidential first consultation with no obligation to continue.
4. Send preservation letters early. Truck data and trailer parts can be lost. Under federal rules, motor carriers must keep driver vehicle inspection reports, repair certifications, and driver review certifications for three months from the date the written report was prepared, except private passenger carriers (nonbusiness), driveaway-towaway operations, and any motor carrier operating only one commercial motor vehicle.
5. Investigate and document damages. Records, bills, and fault evidence are gathered, then demands go to insurers.
6. File suit if needed. Georgia’s general deadline for injury lawsuits is two years under O.C.G.A. § 9-3-33. A minor gets the same time after turning 18 under O.C.G.A. § 9-3-90.

The firm works on a no-fee-unless-we-win basis. You may still be responsible for court costs and case expenses.

Why clients turn to T. Madden & Associates, P.C.

T. Madden & Associates, P.C. is a Georgia personal injury firm led by attorney Terance Madden. The firm has practiced personal injury law since 1999.

• Offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta.
• Practice areas include car and truck wrecks, motorcycle and e-bike crashes, wrongful death, nursing home abuse, medical malpractice, slip and fall, negligent security, and catastrophic injury.
• Support staff help with records, medical bills, and communication. Our team aims to keep families informed as the case moves forward.
• A call line is available 24/7 for people who need to report a crash or ask a question after hours.

Underride crashes are a type of truck crash, so the same review of records and fault applies to them.

Frequently asked questions

Responsible attorney: Terance Madden, T. Madden & Associates, P.C. Contact: https://www.tmaddenlaw.com/contact/. Offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta. This page is general information, not legal advice.