Underride Accident Lawyers in Plantation, FL
Our truck accident attorneys are ready to fight for you
Underride accidents can have devastating consequences for drivers and passengers of cars. If you were hurt in this type of truck accident, life can change in seconds. But recovering compensation for your injuries can be a long and complicated process. That’s why you need an experienced Plantation truck accident lawyer to fight for your rights.
The attorneys at Feingold Posner Draizin understand the impact that an underride crash can have on you and your family and can guide you through the legal process every step of the way. We’re committed to holding negligent parties accountable and fighting insurance companies to help you recover the maximum compensation possible.
What is an underride accident?
Underride accidents occur when a smaller vehicle, such as a car, slides underneath the rear or side of a large truck or trailer. They are particularly dangerous because the top of the smaller vehicle can be crushed, leading to severe injuries or fatalities for the people inside.
These accidents are typically caused by negligence. Examples include:
- A truck driver failed to brake properly.
- A truck was on the road with faulty brakes or defective brake lights.
- A truck was parked on a curve of a highway off-ramp or another dangerous location.
- The driver made an illegal U-turn.
- The driver did not use proper care when making a turn on a street or highway.
- The driver did not use proper care when backing up.
- The driver did not use hazard lights or reflective triangles after the truck broke down.
Under Federal Motor Carrier Safety Administration (FMCSA) regulations, all trucks are required to have rear impact guards. These guards provide some protection in underride crashes, but in some cases, they are poorly designed or improperly installed. There are no federal regulations requiring trucks to have side impact guards.
Who can be held accountable after an underride crash?
Depending on the circumstances of the accident, there are several parties who could be held responsible, including:
- The truck driver if the crash was caused by negligent actions such as abrupt braking, improper lane changes, illegal maneuvers, failure to use hazard lights or other unsafe driving practices.
- The trucking company if it failed to properly maintain the vehicle, including ensuring that underride guards were in place and functional, or if it hired inadequately trained or inexperienced drivers. It may also be responsible if it encouraged unsafe driving practices by pressuring drivers to meet unrealistic schedules.
- The truck or parts manufacturer if the underride crash was caused by defective truck components, such as faulty brakes, brake lights, or underride guards. The manufacturer of the truck or the specific parts may be held liable for producing or supplying defective equipment.
Don’t expect much help from the insurance companies
Underride accidents can leave victims with very serious and often catastrophic injuries. This includes traumatic brain injuries (TBI), skull fractures, fractured vertebrae, spinal cord damage, facial injuries, rib fractures, and damage to internal organs. But if you were hurt in an underride accident, the insurance company is likely to challenge your claim.
For example, they may:
- Dispute liability – They may claim that you were responsible for what happened because you were following too closely, speeding, or failed to brake in time.
- Question the severity of injuries – Insurers may attempt to downplay the injuries you suffered. Or they might claim that your injuries were pre-existing.
- Challenging the necessity of medical treatment – The insurance company may argue that certain medical treatments were unnecessary or that the recovery period was prolonged without justification. They may also question the need for future medical care or rehabilitation.
- Use recorded statements against you – Insurers may ask for a recorded statement soon after the accident, which can later be used to contradict your claims.
- Pressure you into a quick settlement – They may offer a settlement soon after the accident, often before the full extent of injuries or damages is known, and imply that it’s the best they can do.
We will fight for the compensation you deserve after an underride accident
All of our attorneys know how insurance companies approach claims like these. We all used to represent insurance companies. We know all their strategies and tactics designed to limit compensation. More importantly, we know how to fight back by building strong cases that they have to take seriously.
Our firm can investigate your truck accident to get the facts. We’ll review the accident report and identify and interview witnesses. We’ll closely examine the hours of service (HOS) logs and seek access to trucking company records. If needed, we consult accident reconstruction experts who can piece together how the accident happened.
Our lawyers take an aggressive stance during negotiations until we reach a settlement that meets your needs. If the insurance company won’t agree to a fair settlement, we’ll be ready to fight for you in court.
If you were hurt in an underride accident in Plantation or Broward County, learn more about how we can help. Contact us to schedule a free consultation. When you call us, you get us.