First, we should establish what an underside accident is. This highly specified type of accident commonly takes place on highways and involves a large truck and a small car. Upon collision, usually a side- or rear-end-collision, the car is then squeezed underneath the truck’s trailer. The result of such a collision can be severe. Victims are often left heavily injured and cars left as a total loss. This is because the smaller vehicle will often be dragged across the road, if not fully crushed by the truck’s trailer. In some cases, the trailer will be at the exact height of the driver or their passenger, which can lead to severe, if not fatal, injuries.
Liability In Case of Underside Accidents
A large portion of underside accidents will end with the truck driver being held liable. Negligence on the truck operator’s side can be established in cases in which:
• They were driving with faulty or broken taillights. This includes heavily dimmed lights. The negligence in this case would be that the driver failed to check and repair or replace their taillights which significantly decreased the truck’s visibility from the back.
• They were driving significantly below the speed limit, thus violating traffic laws.
• They neglected to utilize turn signals and/or emergency flashers.
• They failed to put up reflective warning triangles after their truck broke down. This is especially true in a situation in which the vehicle broke down on a traffic lane and poses as a hazard to other motorists.
• They didn’t obey a traffic light or stop sign, thus violating traffic laws.
If the truck driver is caught violating other traffic laws, i.e. if they were driving while intoxicated or driving recklessly, their liability could significantly increase. It should be noted that there are also instances in which it is the trucking company who may be held liable for the damages that resulted from the accident. This includes any injuries sustained by the involved parties. An example of this would be the hiring of under-trained vehicle operators.
Potential Damages Resulting From An Underside Accident
In a majority of underside accidents, the ramifications for the driver of the smaller vehicle are severe. However, it is important that the personal injury lawyer in Oakville that you hire takes care of the various aspects of the claim process, instead of you trying to do it all alone.
As a result, they will often decide to take legal action in order to obtain compensation in the form of damages. In most case, these damages are monetary and awarded in a height that will suffice in covering medical expenses, income losses, car repairs, and other accident related expenses.