Underride and Override Truck Accident Lawyer in Castle Rock

An underride crash happens when a passenger vehicle slides beneath a truck trailer. The trailer enters the passenger compartment at windshield height, bypassing every safety system the car was designed with. These are among the deadliest crashes on American roads. The IIHS reports that about half of all truck occupant deaths involve rollover, and estimates that underride occurs in roughly half of all fatal crashes between large trucks and passenger vehicles. In 2015 alone, 301 passenger vehicle occupants died in side impacts with tractor-trailers and 292 died in rear impacts. (IIHS Underride Research). If an underride or override crash on a Colorado highway took someone you love, Rampart Injury Lawyers can help. Call (303) 766-8766.

How Underride and Override Crashes Happen

• Rear Underride

  Rear underride is the most recognized type. A passenger vehicle strikes the back of a tractor-trailer and slides beneath it. The trailer’s bed sits roughly 4 feet above the road surface, which lines up almost exactly with the windshield and upper passenger compartment of a sedan or SUV. The car’s front crumple zones, which are designed to absorb impact energy in a normal collision, pass beneath the trailer without engaging. The trailer enters the cabin directly. The roof shears off. The occupants have no airbag deployment, no crumple zone absorption, no structural protection.

  Rear underride crashes happen when traffic slows suddenly and the car behind cannot stop in time, when a truck is stopped or slow-moving on a highway without adequate reflective marking, or when a truck pulls across a road at an intersection and is struck by an oncoming car. Darkness, fog, and rain make these crashes more likely because the rear of a trailer can be nearly invisible without proper reflective tape and functioning lights.

• Side Underride

  Side underride occurs when a passenger vehicle strikes the side of a tractor-trailer and slides beneath it. This happens most often at intersections when a truck is crossing or turning and a car strikes the gap between the truck’s front wheels and rear wheels. The trailer’s side has no structural barrier to stop the car. The car slides under, and the trailer removes the roof.

  In 2015, 301 passenger vehicle occupants were killed in crashes involving the side of a tractor-trailer, slightly more than the 292 killed in rear impacts. (IIHS). Side underride guards are not required under federal law in the United States, despite the European Union mandating lateral protection devices since 1989. A 2012 IIHS study found that strong side underride guards have the potential to reduce injury risk in approximately three-fourths of large truck side crashes producing a fatality or serious injury to a passenger vehicle occupant.

• Override

  Override is the inverse of underride. It happens when a large truck rides up and over a smaller vehicle. This typically occurs in rear-end collisions where the truck strikes the back of a passenger vehicle. The truck’s bumper and cab ride over the car’s trunk and rear passenger compartment, crushing it from above. Override crashes are particularly common with high-cab tractors striking low-profile sedans.

  Override crashes produce similar injuries to underride crashes: catastrophic head and brain injuries, spinal cord damage, crush injuries to the torso and extremities, and wrongful death. The occupants of the smaller vehicle are compressed between the road surface below and the truck above.

Federal Underride Guard Requirements and Their Failures

• What the Law Requires: Rear Guards

  Federal Motor Vehicle Safety Standard No. 223 (FMVSS 223) sets the strength and energy-absorption requirements for rear impact guards on trailers. FMVSS 224 sets the installation requirements, specifying which trailers must have guards. Under 49 CFR 393.86, motor carriers must maintain these guards in working condition. Pole trailers, pulpwood trailers, and certain specialty vehicles are exempt.

  The problem is that FMVSS 223 was last substantially updated in 1998. The original standard was set in 1953. For decades, the required guards were too flimsy to prevent underride in anything other than a perfectly centered, low-speed impact. IIHS crash testing beginning in 2011 demonstrated that most guards failed in offset crashes, which is how real-world underride crashes typically occur.

• IIHS Testing and Industry Response

  The IIHS Toughguard program tests rear underride guards in three scenarios: full-width impact, 50% overlap, and 30% overlap, each at 35 mph. Nine North American trailer manufacturers, including the eight largest, have now earned the Toughguard award for guards that prevent underride in all three tests. These eight manufacturers represent approximately 80% of the trailers on U.S. roads. (IIHS).

  That is real progress. But it only applies to new trailers built after each manufacturer upgraded their guards. Older trailers with weaker guards are still in service. And NHTSA has not updated FMVSS 223 to require the stronger designs that the IIHS tests showed are necessary. The industry moved faster than the regulator.

• What the Law Does Not Require: Side Guards

  There is no federal requirement for side underride guards on tractor-trailers in the United States. None. The EU has required lateral protection devices since 1989. At least three U.S. cities (Boston, New York, and Seattle) require side guards on city-owned or contracted trucks as part of Vision Zero initiatives. But for over-the-road tractor-trailers, there is no mandate.

  IIHS tested the AngelWing side underride guard and found it successfully prevented a midsize car from going under a trailer at both 35 mph and 40 mph. Without the guard, the car slid under the trailer and the roof was torn off. (IIHS Side Guard Testing). The technology works. The federal requirement does not exist. When a side underride crash kills someone who would have survived if the trailer had a guard, that regulatory gap becomes part of the case.

Who Is Liable in an Underride or Override Crash?

The motor carrier: The carrier is responsible for maintaining the rear underride guard in working condition under 49 CFR 393.86. If the guard was damaged, corroded, bent, or missing at the time of the crash, the carrier is liable for failing to maintain it. If the carrier chose not to install side guards despite the known risk, that decision may be evidence of negligence in a jurisdiction that recognizes the standard of care as including available safety technology.

The trailer manufacturer: If the rear guard was installed but failed to prevent underride, the guard’s design and strength may be at issue. A guard that meets the minimum FMVSS 223 standard but fails in an offset crash may be considered defectively designed, especially now that stronger designs are commercially available and most major manufacturers have adopted them. Product liability claims against the trailer manufacturer can be pursued under strict liability, negligence, or breach of warranty theories.

The truck driver: The driver may be liable in a number of ways, for example if the driver was stopped or slow-moving on a highway without hazard lights, if the trailer’s reflective tape was missing or obscured, or if the driver pulled across a road without yielding to oncoming traffic, then the driver bears fault for creating the conditions that led to the underride. In override crashes, the truck driver who rear-ended the smaller vehicle is typically at fault for following too closely, distracted driving, or fatigued driving.

The lighting and reflective tape manufacturer: Federal regulations require specific reflective tape configurations on the rear and sides of trailers. If the tape was defective, improperly applied, or degraded below the required reflectivity standard, the manufacturer of the tape or the entity responsible for maintaining it may share liability. Visibility failures are a significant contributing factor in nighttime rear underride crashes.

Proving an Underride or Override Case

Underride cases require physical evidence that can be lost quickly. The trailer’s guard, the point of impact on both vehicles, the condition of the reflective tape and lighting, and the position of the vehicles post-crash all tell the story.

Guard condition and compliance: In cases that need it, our experts will inspect the rear underride guard for damage, corrosion, improper mounting, and whether it meets FMVSS 223 strength requirements. If the guard broke, bent, or detached during the crash, the failure mode tells us whether the guard was designed to current standards or was an older, weaker model.

Lighting and visibility: Our experts will also examine the trailer’s rear lighting, reflective tape, and any rear-mounted conspicuity markers. If the crash happened at night or in low-visibility conditions, the question of whether the trailer was visible at a safe stopping distance is often the central issue.

Crash reconstruction: Independent reconstruction engineers can determine the speed of both vehicles, the angle of impact, the point of initial contact, and the sequence of structural failure. In underride cases, the reconstruction shows whether the guard engaged or whether the car passed beneath it. In override cases, it shows the truck’s speed, braking, and following distance.

ELD and EDR data: The truck’s electronic logging device and event data recorder provide speed, braking, and steering data in the moments before the crash. In override cases, this data shows whether the truck driver was following too closely or failed to brake. We send preservation demands as soon as possible in trucking cases. For a full breakdown of the digital evidence in truck cases, see our FMCSA Trucking Regulations Guide.

Colorado Law in Underride and Override Cases

Colorado’s statute of limitations is three years for personal injury and two years for wrongful death under C.R.S. 13-80-101. Evidence preservation is critical in underride cases because the trailer’s guard condition, lighting, and reflective tape can be repaired or replaced before your lawyer examines them.

Under Colorado’s modified comparative negligence rule (C.R.S. 13-21-111), the defense might try to blame the driver of the smaller vehicle for not seeing the trailer, for driving too fast, or for not taking evasive action. Strong evidence of lighting failures, missing reflective tape, or a guard that did not meet even the minimum federal standard counters that argument.

Because underride crashes so frequently produce wrongful death, families pursuing these claims should understand Colorado’s wrongful death statute, the damages available, and who has standing to file. Our wrongful death lawyers page covers the full legal framework.

Frequently Asked Questions: Underride and Override Truck Accidents

• What is a truck underride accident?

  An underride crash occurs when a passenger vehicle slides beneath a tractor-trailer. The trailer enters the passenger compartment at windshield height, bypassing the car’s crumple zones, airbags, and structural protections. Rear underride involves the back of the trailer. Side underride involves the gap between the truck’s wheels on the side of the trailer. Both types are frequently fatal because the car’s safety systems cannot function when the occupant compartment is directly struck by the trailer structure.

• What is a truck override accident?

  An override collision is when the truck overlaps or rides up and over a smaller vehicle. They are typically seen in rear-end collisions. The truck’s cab and bumper will often crush or compact the rear portion of the car from above. Factors that cause these to occur can include when a driver was fatigued, distracted or following too closely.

• Are side underride guards required on trucks?

  No. There is no federal requirement for side underride guards on tractor-trailers in the United States. The European Union has required lateral protection devices since 1989. Some U.S. cities including Boston, New York, and Seattle require side guards on city-owned trucks. IIHS testing has shown that side guards like the AngelWing device successfully prevent underride at 35 and 40 mph. The technology exists. The federal mandate does not.

• What is FMVSS 223?

  Federal Motor Vehicle Safety Standard No. 223 sets the strength and energy-absorption requirements for rear impact guards on trailers. FMVSS 224 covers installation requirements. Together they define what rear underride guards must withstand. The standard was last substantially updated in 1998. IIHS crash testing has shown that guards meeting only the minimum standard fail to prevent underride in offset crashes, which is how most real-world underride collisions occur.

• What is the IIHS Toughguard award?

  The IIHS Toughguard award recognizes trailer manufacturers whose rear underride guards prevent underride in all three IIHS crash tests: full-width impact, 50% overlap, and 30% overlap at 35 mph. Nine North American manufacturers, including the eight largest, have earned the award. These manufacturers represent approximately 80% of trailers on U.S. roads. However, older trailers with weaker guards are still in service.

• Who can I sue after an underride crash?

  There could be multiple parties at-fault for an underride crash and that could expose them to a potential lawsuit. This includes the motor carrier (for failure to maintain the guard or lighting), the trailer manufacturer (for a guard that failed to prevent underride), the truck driver (for stopping on a highway without hazards, or for rear-ending you in an override), and the reflective tape or lighting manufacturer (for defective visibility equipment). Each may carry separate insurance.

• Why are underride crashes so deadly?

  These types of crashes are often more deadly simply because the trailer passes many of the safety features that the car was designed to include. This can include, but is not limited to, crumple zones, airbags, seatbelt pretensioners, and structural reinforcements are all designed for impacts at bumper height. When a trailer enters the passenger compartment at windshield height, none of these systems engage. The occupants take the full force of the impact with no protection.

• What should I do after an underride truck accident?

  When it is safe to do so, one of the first things you should do is call 911 immediately. If you are not injured or in danger you can also collect evidence such as, photograph the trailer’s rear guard, the reflective tape, the rear lighting, the position of both vehicles, and any skid marks or debris. Get the truck’s USDOT number. Do not allow the carrier to repair or move the trailer before it is inspected. Contact a truck accident lawyer immediately so a preservation demand can be sent before evidence is altered.

Related Resources

• Colorado Truck Accident Lawyers (Pillar Page)
• Semi-Truck Accident Lawyer Colorado
• Truck Driver Fatigue Accident Lawyer
• Truck Accident Settlement Colorado
• FMCSA Trucking Regulations Guide
• What to Do After a Truck Accident
• I-25 Truck Accident Lawyer Colorado
• Colorado Brain Injury Lawyers
• Colorado Spinal Cord Injury Lawyers
• Colorado Wrongful Death Lawyers

Sources

• IIHS, Large Trucks
• IIHS, Truck Underride Guard Ratings
• IIHS, Side Guard on Semitrailer Prevents Underride in 40 mph Test
• IIHS, All Major Trailer Makers Earn IIHS Award for Good Underride Protection
• IIHS, Potential Benefits of Underride Guards in Large Truck Side Crashes (2012 Study)
• 49 CFR 393.86, Rear Impact Guards (eCFR)
• NHTSA, Final Rule FMVSS 223-224 Rear Impact Protection
• NHTSA, Large Trucks: 2023 Data
• C.R.S. 13-80-101, Statute of Limitations
• C.R.S. 13-21-111, Comparative Negligence
• FMCSA SAFER System