Few motor vehicle accidents are as devastating as underride crashes. These collisions happen when a passenger vehicle slides underneath the side or rear of a semi-trailer, often causing catastrophic injuries or fatalities. Even modern safety features may not prevent severe harm because the trailer can intrude into the passenger compartment.
Underride accidents are uncommon compared to other crashes, but they are among the most serious. They frequently involve complicated insurance issues, multiple potentially liable parties, and extensive investigations.
Justin Minton Law helps injured Arkansans navigate these complex claims. As a former insurance adjuster, Justin Minton understands how insurance companies investigate serious truck accidents and the strategies they may use to reduce or deny valid claims. That experience helps clients protect their rights while pursuing the compensation they deserve.
If you or a loved one has been injured in an underride accident, understanding Arkansas insurance rules can help you make informed decisions during a difficult time.
An underride accident occurs when a smaller vehicle travels underneath the rear or side of a commercial trailer.
These crashes often happen because the trailer is significantly higher than a passenger vehicle, allowing the car to slide beneath it during impact.
There are two primary types of underride accidents:
A rear underride collision occurs when a vehicle strikes the back of a trailer.
These accidents may happen when:
Side underride crashes happen when a vehicle collides with the side of a trailer, often at intersections or while the truck is turning across traffic.
These accidents are especially dangerous at night because drivers may not immediately recognize that a trailer is blocking the roadway.
Unlike many car accidents, underride crashes often involve direct intrusion into the passenger compartment.
As a result, victims may suffer:
Even survivors frequently require months or years of medical treatment and rehabilitation.
Every accident is different, but several factors commonly contribute to these collisions.
Common causes include:
In some cases, more than one factor contributes to the accident, making a thorough investigation essential.
One of the biggest misconceptions is that the driver of the passenger vehicle is automatically at fault.
In reality, liability depends on the specific facts of the collision.
Several parties may share responsibility.
A commercial driver may be liable if they:
Employers may also be responsible when they fail to:
Companies that prioritize delivery schedules over safety may expose themselves to additional liability.
Commercial fleets often hire outside contractors to inspect and repair trailers.
If a maintenance company failed to identify worn equipment or defective safety components, it may also share responsibility.
In certain situations, defective trailer components—including underride guards or lighting systems—may contribute to the severity of a collision.
When a manufacturing defect plays a role, a product liability claim may also be appropriate.
Arkansas requires drivers to carry minimum liability insurance, but commercial trucking companies often maintain significantly higher policy limits.
Depending on the circumstances, multiple insurance policies may apply, including:
Determining which policies apply is often one of the most complicated aspects of a commercial truck accident claim.
Have questions? Reach out today.
Arkansas follows a modified comparative fault system under Arkansas Code § 16-64-122.
This means you may still recover compensation if you are found to be less than 50% responsible for the accident. However, your compensation will generally be reduced by your percentage of fault.
For example, if an insurance company argues that you were speeding when you struck a poorly marked trailer, they may try to assign a percentage of fault to reduce what they owe.
Because comparative fault can significantly affect the value of a claim, gathering evidence early is extremely important.
Truck accident cases often require extensive investigation.
Important evidence may include:
The sooner this evidence is preserved, the better.
After receiving emergency medical care, consider taking these steps if you are able:
Many trucking companies dispatch investigators to serious crashes within hours. Having someone protect your interests early can make a meaningful difference.
Every case is different, but compensation may include:
An attorney can evaluate both your immediate losses and the long-term impact of your injuries.
Let's discuss your options—it starts with a simple phone call.
Possibly. Liability depends on the circumstances. If poor lighting, missing reflective markings, unsafe parking, or other negligence contributed to the collision, the truck driver or another party may also bear responsibility.
Commercial trucking cases often involve multiple potentially responsible parties, including the driver, trucking company, maintenance providers, cargo companies, and equipment manufacturers.
Most personal injury lawsuits in Arkansas must be filed within three years, although certain exceptions may apply. Speaking with an attorney promptly helps preserve your legal rights.
Commercial trucking claims often involve higher insurance limits, multiple policies, federal safety regulations, and aggressive insurance investigations. These factors make them significantly more complex than many standard car accident claims.
An underride accident can change your life in an instant. Between serious injuries, expensive medical care, and complicated insurance issues, it's easy to feel overwhelmed.
Justin Minton Law proudly represents injured individuals and families throughout Arkansas in truck accidents, car accidents, motorcycle accidents, traumatic brain injury claims, wrongful death cases, insurance disputes, and other personal injury matters. With experience as a former insurance adjuster, Justin Minton understands how insurers approach catastrophic injury claims and works to help clients pursue the full compensation they deserve.
The insurance company has a team working against you. You deserve one working for you. Call Justin Minton Law today to schedule your free consultation—and let's start building your case together.
"*" indicates required fields
