Underride Trucking Accidents in Virginia

Originally published November 17, 2017. Substantially updated and legally reviewed by Robert E. Byrne, Jr. on December 22, 2025.

On a dark highway outside of New Orleans in 1967, actress Jayne Mansfield was killed when the car she was riding in slammed into the back of a tractor-trailer that had slowed in dense fog. The car slid underneath the trailer, and the underside of the trailer sheared through the passenger compartment at windshield level. The accident was so gruesome and high-profile that it led to federal safety requirements for rear underride guards—requirements that the trucking industry fought every step of the way.

More than five decades later, underride accidents continue to kill and catastrophically injure hundreds of Americans every year. Despite available safety technology that could prevent most of these deaths, the trucking industry has resisted comprehensive underride guard requirements, and federal regulations remain woefully inadequate.

As Virginia’s only board-certified truck accident attorney, I’m familiar with the devastation caused by underride accidents. These cases are among the most tragic truck accident cases because the injuries are so horrific, the deaths so preventable, and the industry’s resistance to safety improvements so unconscionable.

In this article, I want to explain what underride accidents are, why they’re so deadly, what safety technology exists to prevent them, why that technology isn’t universally required, who can be held liable when these accidents occur, and what families need to know if they’ve lost a loved one in an underride crash.

Watch this video for an overview of underride accidents and the legal issues involved:

Video Transcript: Underride Truck Accidents – When Passenger Vehicles Go Under Trailers

Watch as Virginia’s only board-certified truck accident attorney explains how underride crashes occur, why they’re so deadly, and how side underride guards could prevent 200 deaths every year.

Click to Read Full Video Transcript

The Jayne Mansfield Tragedy That Changed Federal Law

In 1967, Hollywood actress Jayne Mansfield was a front seat passenger in a 1966 Buick Electra that was driving on a dark road headed towards New Orleans. The roadway was obscured and the driver of Mansfield’s car failed to observe that a tractor-trailer ahead of him was driving very slowly.

Mansfield’s car slammed into the back of the trailer and slid underneath the trailer. The crash was horrific and Mansfield was killed instantly. This crash was particularly bad because the first part of the car to impact the truck was the windshield and there were no safety devices that prevented the car from going under the trailer and impacting Mansfield and the two other front seat passengers.

It took some time, but as a result of this crash, the federal government eventually required trailers to have what are called rear guards. Here’s a picture of one. These guards recognize that crashes into the back of a trailer are foreseeable. The guards provide a barrier that prevents the car from sliding under the trailer when a crash occurs. And this at least gives the possibility that a crash with the trailer is not a devastating event like it was with Jayne Mansfield.

Side Underride Crashes: 200 Deaths Every Year

Hi, I’m attorney Bob Byrne and I want to talk a little bit about side underride crashes that still happen today and claim approximately 200 lives every year.

Although trailers now have rear guards, side underride guards are not required by law. And just like with the case involving Jayne Mansfield, these side underride crashes can be very devastating.

How Deadly Are Side Underride Crashes? Video Evidence

The Insurance Institute for Highway Safety has some videos that show exactly how these crashes can be so deadly. And here’s a video that was done by the Insurance Institute of Highway Safety that shows some tests that were done on side underride crashes.

You’ll see in a couple of different tests that were done, they used a 2010 Chevy Malibu in both of the crashes. You’ll see in this first video that there is a crash into the side of a trailer.

What Happens in a Side Underride Crash Without Guards:

You can see with this crash that the only thing that stopped the car was the crumpling of the roof of the passenger compartment. And the vehicle is pushed all the way down to the ground. So, it’s as low as it can possibly be and much lower than any vehicle is going to be when it’s traveling. And so everything basically from the top of the doors up—at least for that front seat—was destroyed.

See nothing prevents. First thing to hit is the windshield and then the driver’s face.

Here’s another angle. And you can see again, first thing to hit is the windshield. And the crash is violent enough that the entire front end of the vehicle is lifted off the ground. You can see the bending in the frame underneath. And so the vehicle is being stopped by its roof in that situation.

Here’s another angle from inside the vehicle. And you can see how it is the driver’s head that takes the bulk of the impact and there’s nothing that protects the driver’s head in this situation. And that’s why these crashes can oftentimes result in catastrophic decapitations.

And you could see there that all of the vehicle’s safety mechanisms are bypassed. The airbag didn’t even go off in that situation because the airbag sensors essentially shot underneath the vehicle and weren’t really damaged in the crash.

Why These Crashes Happen Despite Reflective Tape

So, a big question that always arises with these types of cases is how can they occur in the first place? You’ve got these massive trucks with these massive trailers and the trailers are supposed to have all of this reflective tape on them and warnings. So, cars should see them from a long distance away.

Well, what’s important to remember is that a lot of these underride crashes happen at night. And when it’s at night, there’s a couple of different factors that are at play.

A driver of a vehicle is not necessarily keeping their eyes out for a trailer blocking their path if they’re on, say, a highway that is pretty desolate or if there’s not much lighting. And then we know that there does take time for perception and reaction. And so once someone sees it, it may be the case that it’s too late to properly react.

Even though these trailers have reflective tape on them that are supposed to reflect lights of oncoming vehicles, the reality is that they don’t necessarily provide the optimal reflection unless a car is approaching at a perfect angle.

You can see how it could be the case that a trailer that is unexpectedly blocking a highway can cause a deadly crash.

Common Scenarios That Lead to Underride Crashes

Improper U-Turns:

These crashes can typically occur when a truck driver makes an improper U-turn. A U-turn in the trucking industry is a very dangerous event, and it’s something that there are warnings everywhere telling drivers to avoid U-turns.

Many companies recognize how dangerous U-turns can be as well, and they advise their drivers, “Don’t make a U-turn. Instead go to a place where you can drive in, circle around to turn around and come back.”

But there could be a situation where a driver nevertheless attempts to make a U-turn in a tractor-trailer. And in that situation, that is a perfect recipe for how an underride crash can occur.

Slow Turns Across Traffic:

Underride crashes can also occur when there is, say, an intersection and a truck has the ability to turn, but there’s still oncoming traffic and the truck is going slow and then it’s pulling across traffic. And it may be the case that oncoming motorists don’t see it in time to be able to react.

Jackknifed Trailers:

You could also have a situation where a tractor-trailer crashes or jackknifes and the trailer is blocking oncoming traffic.

The Solution: Side Underride Guards

So that raises the question, is it possible to avoid or to minimize side underride crashes?

Just like with rear underride guards, some companies have designed side underride guards. In testing, videos from the Insurance Institute of Highway Safety showed that these underride guards can have a dramatic impact on preventing the devastating results of a side underride crash.

Now, let’s take a look at these same type of crashes also involving a 2010 Chevy Malibu. And in these crashes, the trailer is equipped with side underride guards. And so let’s see how this fares compared to the first crash that we looked at.

The Dramatic Difference With Side Guards:

So you can see with this crash, the very first thing to make impact is the front engine compartment. When that happens, you can see that the front engine compartment crumples. And that’s because cars have crumple zones that are designed to dissipate a lot of the forces from a crash.

You can see also that the airbag deployed here. You can see that the driver’s seat belt would help also prevent, you know, just a violent tossing around in the vehicle. And so all of these safety devices were in use, were in force, and would have prevented terrible, terrible injuries in this situation.

This could be a case where somebody could actually walk away from this particular crash even though everything is exactly the same. All the factors are the same. The only difference is now you have the side underride guards.

Let’s look at the head in this situation. There you’ve got a drastically different situation. The airbag deploys. There’s no entry of the trailer or anything else into the passenger compartment at all.

Now, let’s take a look at one more view which has a top and bottom comparison. The top has the side underride guards. The bottom does not. And look at the two vehicles. The comparison. You can see a massive difference. The amount of damage between these two crashes is stunning.

Cost vs. Industry Opposition

And what’s good is that these side underride guards can be installed basically on any trailer, but they can also be retrofitted to any trailer that’s on the road today. And the cost for installing these is relatively modest. Estimates are approximately $3,500 per trailer.

But the trucking industry has opposed mandatory installation. They think that the data doesn’t show that these products are as safe as everyone thinks. So, the trucking industry claims this is not a perfect fix.

Legal Claims in Underride Crashes

But let’s just talk real quickly about the legal claims. Is there a case when there’s an underride crash and someone is terribly hurt or even killed as a result of that? There could be a couple of different parties at fault.

Potential Defendants:

1. The Truck Driver or Motor Carrier:

First, if a truck driver or the motor carrier allows for a truck to make a U-turn in an area where it’s completely unsafe to do so, which is going to be pretty much every area, then they can be responsible. If you are driving and blocking traffic and blocking oncoming vehicles, you’re placing them at risk for exactly this type of crash.

2. The Trailer Manufacturer:

A second defendant could be the trailer manufacturer under a product liability theory of recovery. And so basically the theory is going to be that they’ve manufactured a product that is dangerous. It is defective because there are safer alternatives available but they nevertheless chose to put an unsafe product on the market.

3. Road Contractors:

A third potential defendant could be road contractors who are doing work and essentially create conditions that necessitate a truck that’s pulling a trailer to have to do a U-turn. There could be other situations, but these are probably going to be the most common claims that you’ll see in an underride crash scenario.

Why Lawsuits Matter Beyond Compensation

If you or a family member has somehow been involved in one of these crashes, it’s important to look into whether you have a claim, not just for your benefit. The lawsuit can not only just bring awareness to the public about this problem. A lawsuit can help bring about change.

It can show the company that this is something that a group of jurors says, “You know, this is unacceptable. We want to make clear to this company that they have created a dangerous product that people have unnecessarily died as a result of crashes in this type of situation. We want to make sure that this does not continue to happen.”

And I’m always pushing for the roads to be safer and if there are side underride guards, lives will be saved.

Get Help

So, if you have questions about an underride crash in general or specifically because you were involved in one, or you’re an attorney who’s handling one, please feel free to reach out. I’m always happy to talk and give you my thoughts and see if there’s any way that I can help.

But thanks so much for watching this video. I do appreciate it. I hope you stay tuned for more. Thank you.

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Key Takeaways: Underride Accidents

200 lives lost annually – Side underride crashes still kill approximately 200 people every year despite being preventable
Jayne Mansfield’s death changed federal law – The 1967 tragedy led to mandatory rear underride guards on trailers
Side guards are not required – Despite proven effectiveness, side underride guards remain optional
Roof shearing is the fatal mechanism – Cars slide under trailers and the roof becomes the impact point, often causing decapitation
Safety systems are bypassed – Airbags don’t deploy because sensors pass under the trailer without detecting impact
Night crashes are most common – Limited visibility and perception-reaction time contribute to these crashes
U-turns are especially dangerous – Truck U-turns create perfect conditions for side underride crashes and are widely prohibited
Guards cost only $3,500 per trailer – Side underride protection is affordable and can be retrofitted to existing trailers
Testing shows dramatic difference – IIHS crash tests prove side guards prevent catastrophic injuries and allow occupants to survive
Multiple parties may be liable – Truck drivers, motor carriers, trailer manufacturers, and road contractors can all face legal responsibility
Product liability claims are viable – Trailer manufacturers can be sued for choosing not to install available safety technology
Lawsuits drive safety changes – Legal action brings awareness and can force industry-wide safety improvements

Common Scenarios Leading to Underride Crashes:

Improper U-Turns – Truck attempts to turn around on highway, blocking oncoming traffic
Slow Turns Across Traffic – Trailer crosses lanes slowly while oncoming vehicles approach
Jackknifed Trailers – Accident causes trailer to block travel lanes perpendicular to traffic
Poor Visibility at Night – Dark conditions with inadequate lighting on desolate roads
Inadequate Reaction Time – Driver sees obstruction too late to stop despite reflective tape

What Are Underride Accidents?

An underride accident occurs when a smaller vehicle, typically a passenger car, collides with a commercial truck trailer and slides underneath it. The bottom edge of the trailer enters the passenger compartment of the car at or near windshield level. This often creates catastrophic or fatal results.

The Three Types of Underride Accidents

Underride crashes are categorized based on which part of the truck is struck:

Rear underride accidents occur when a passenger vehicle strikes the back of a truck trailer and slides underneath. Though rear underride guards are now required, these collisions can happen when:

– A truck is stopped or moving slowly on a highway

– Visibility is poor due to darkness, fog, or weather

– The truck’s tail lights or reflectors are inadequate or malfunctioning

– A truck makes a sudden stop or turn

Side underride accidents occur when a vehicle strikes the side of a trailer and slides underneath. These happen when:

– A truck jackknifes across lanes of traffic

– That truck makes a wide turn cutting off other vehicles

– A truck improperly fails to yield the right of way to oncoming traffic

– Road conditions cause a car to lose control and slide into the side of a trailer

– A truck backs across traffic without adequate clearance

Front/offset underride accidents (less common) occur when a truck backs into the path of a vehicle or when complex accident dynamics cause a vehicle to strike the front corner of a trailer and slide underneath at an angle.

Why Underride Accidents Are Uniquely Deadly

The reason underride accidents are so devastating is the height mismatch between truck trailers and passenger vehicles. Most truck trailers sit with their bottom edge at approximately 48 inches off the ground. That height is exactly the height of a typical passenger car’s windshield base.

Underride collisions are not like front-end collisions

When a car collides with a truck in a normal front-end crash, the car’s safety systems work as designed:

– The front bumper and crumple zones absorb initial impact

– The heavy engine block provides mass that helps stop the vehicle

– Airbags deploy to protect occupants

– The car’s structural integrity keeps the passenger compartment intact

Underride collisions bypass a car’s safety mechanisms

In an underride crash, however, all of these safety features are bypassed. The car’s front end passes underneath the trailer, meaning:

– The bumper and crumple zones never make meaningful contact

– The engine block slides under the trailer without providing stopping force

– Airbags may not deploy because the car’s front-end sensors aren’t triggered

– Only the windshield, roof, doors, and passengers themselves create the friction that stops the car

The underside of the trailer essentially becomes a blade that cuts through the passenger compartment. The roof collapses. The windshield shatters inward. The trailer’s bottom edge strikes occupants at head and chest level.

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The Horrific Reality of Injuries in Underride Cases

I want to be direct about why these accidents are so devastating, because understanding the severity is critical to understanding why stronger regulations are necessary.

Underride accidents commonly cause:

– Decapitation or near-decapitation injuries: The trailer’s bottom edge strikes occupants at head level

– Severe traumatic brain injuries: Even when death doesn’t occur, massive head trauma is common

– Spinal cord injuries and paralysis: The violent forces and roof collapse cause catastrophic spinal damage

– Crushing injuries to the upper body: As the roof collapses, occupants are crushed

– Multiple fatalities: All occupants in the front seat face similar exposure to the trailer’s edge

These aren’t injuries people recover from. Survivors of underride accidents often face permanent, catastrophic disabilities. Many accidents result in death at the scene or shortly after.

The psychological trauma for surviving family members is immense. I’ve represented families who lost multiple members in a single underride accident—a parent and child, or siblings traveling together. The grief is compounded by the violent nature of the deaths and often by the knowledge that stronger safety requirements could have prevented them.

The Scope of the Problem: How Many People Die in Underride Accidents?

Determining the true number of underride accident deaths is difficult because crash reporting isn’t always accurate about whether underride occurred.

What the Data Shows About Underride Deaths

The National Highway Traffic Safety Administration (NHTSA) reports that underride accidents account for hundreds of deaths annually:

– Official statistics from the federal government show approximately 200-300 deaths per year

– However, experts believe this is a significant undercount

– Many accidents that involve underride aren’t properly coded as such in crash reports

– Some estimates suggest the true number could be 500+ deaths annually

The Insurance Institute for Highway Safety (IIHS), which has extensively studied underride accidents, found that:

– In 2021, there were approximately 488 deaths related to underride crashes

– The NHTSA study vastly underestimates the number of deaths that could be prevented if side underride guards were installed

– These percentages translate to hundreds of preventable deaths

High-Profile Cases Have Driven Public Awareness

Beyond Jayne Mansfield’s 1967 death, several tragic cases have brought public attention to underride accidents:

The Karth Family (2013): Marianne Karth lost both of her daughters, AnnaLeah (17) and Mary (13), when their car rear-ended a truck on I-75 in Georgia. The truck’s rear underride guard completely failed, and the girls were killed when the trailer entered the passenger compartment. Marianne became a tireless advocate for stronger underride guard requirements.

The Durso Family (2004): Roya Sadigh and her three daughters were killed in an underride crash in Indiana. The truck’s rear guard failed completely, allowing the car to travel entirely underneath.

These families’ advocacy has pushed for regulatory changes, but progress has been frustratingly slow.

The Available Safety Technology: Underride Guards

The technology to prevent most underride deaths exists. In fact, it has existed for decades. The question isn’t whether we can prevent these accidents. Rather, it’s whether we have the political will to require the industry to implement available safety measures.

Rear Underride Guards (Rear Impact Guards – RIGs)

Rear underride guards are horizontal bars or assemblies mounted across the back of a trailer, designed to prevent passenger vehicles from sliding underneath in rear-end collisions.

Federal requirements: Since 1998, NHTSA has required trailers to have rear underride guards meeting certain strength standards. However, these standards are widely recognized as inadequate.

The problem with current standards: The federal standard requires guards to withstand only 50% overlap crashes at 30 mph. This means:

– Guards aren’t tested for full-width impacts

– The 30 mph standard is far below highway speeds

– Guards often fail in real-world crashes at higher speeds

– The mounting systems are weak and allow the guards to detach

Stronger standards exist: Canadian regulations require stronger rear guards that must withstand 40% higher forces and are tested at higher speeds. These guards significantly outperform U.S.-required guards but aren’t mandated in the United States.

Real-world performance: Studies by the IIHS have shown that many rear underride guards meeting federal standards completely fail in crash tests at highway speeds, allowing full underride to occur.

Side Underride Guards

Side underride guards are protective assemblies mounted along the sides of trailers to prevent vehicles from sliding underneath in side-impact collisions.

No federal requirement: Unlike rear guards, side underride guards are NOT required by federal law in the United States. This is despite clear evidence they save lives.

Proven effectiveness: Research shows that side guards can prevent underride in most side-impact crashes. European countries and Canada have requirements for side guards in certain circumstances.

Industry resistance: The trucking industry has fought side guard requirements for decades, citing cost concerns despite the relatively modest expense.

The cost question: Adding side underride guards to a trailer costs approximately $1,800 to $4,000 per trailer depending on the design. For context, a new trailer costs $30,000 to $50,000. The additional cost represents roughly 6-10% of the trailer’s purchase price—a modest investment to save lives.

Retrofit possibilities: Side guards can also be retrofitted to existing trailers for similar costs, meaning the entire U.S. trailer fleet could be protected without waiting for natural fleet turnover.

Front Underride Guards

Front underride protection is less commonly discussed but addresses accidents where trucks back into traffic or unusual accident dynamics cause front-corner underride. These front guards are even less common than side guards and currently have no federal requirements.

Why Underride Guards Aren’t Universal: Industry Opposition

If the technology exists and costs are reasonable, why don’t all trailers have comprehensive underride protection?

The answer is simple but frustrating: industry opposition and inadequate political will.

The Trucking Industry’s Arguments Against Stronger Requirements

The American Trucking Associations and trailer manufacturers have consistently opposed stronger underride guard requirements, arguing:

“Cost concerns”: They claim the costs are too high, though their own estimates of $1,800-4,000 per trailer represent a tiny fraction of overall operating costs.

“Weight penalties”: They argue guards add weight that reduces cargo capacity, though modern lightweight guard designs add only 200-400 pounds—less than 1% of an 80,000-pound truck’s capacity.

“Maintenance issues”: They claim guards would be damaged in normal operations and be expensive to maintain, though experience in countries with guard requirements doesn’t support this.

“Effectiveness questions”: They’ve questioned whether guards actually prevent deaths, despite clear research showing they do.

The Reality Behind the Resistance

The trucking industry’s opposition isn’t really about cost or technical concerns—it’s about not wanting any additional regulatory requirements that might affect operations or profits, no matter how modest the impact.

Consider the context:

– Angel wide guards cost $1,800-4,000 per trailer

– A trucking company might own 100-1,000 trailers

– Even for a large fleet, the total investment is a fraction of one year’s profits

– The cost per mile operated is negligible

– Many companies already voluntarily install guards because they understand the liability exposure

The reality is that comprehensive underride protection is technologically feasible, economically reasonable, and would save hundreds of lives annually. But it hasn’t been required because industry lobbying has prevented regulatory action.

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Current Federal Regulations: Woefully Inadequate

Federal underride guard regulations are weak and outdated, failing to protect the public adequately.

What’s Required Under Federal Law

49 CFR § 393.86 requires trailers manufactured after January 26, 1998 to have rear impact guards meeting certain specifications:

Strength requirements: The guard must withstand forces applied at specific test points:

– 50,000 pounds when the force is applied at 18 inches from the centerline

– 100,000 pounds when the force is applied at the centerline

Height requirements: The bottom of the guard must be no more than 22 inches above the ground

Width requirements: The guard must extend to within 4 inches of the trailer’s widest point

Testing limitations: Guards are tested only at 50% overlap at 30 mph—far below real-world highway crash conditions

What’s NOT Required By Federal Regulations

Side underride guards: No federal requirement exists

Front underride guards: No federal requirement exists

Stronger rear guards: No requirement to exceed the minimal 1998 standards

Periodic inspection: No requirement to maintain guards or ensure they remain effective

Retrofit of older trailers: Trailers manufactured before 1998 have no requirements

Ongoing Regulatory Efforts

Following advocacy by families who lost loved ones in underride accidents, NHTSA has studied the issue but has been slow to implement meaningful changes:

2015: NHTSA began studying whether to strengthen rear guard requirements and whether to require side guards

2017: NHTSA published an advance notice of proposed rulemaking soliciting comments on potential changes

2020: Still no final rule implementing stronger requirements

Current status: As of 2025, the same weak 1998 standards remain in effect, despite clear evidence they’re inadequate

The regulatory process has moved at a glacial pace while hundreds continue to die annually in preventable crashes.

Who Can Be Held Liable in Underride Accident Cases?

When an underride accident causes catastrophic injury or death, multiple parties may share liability.

The Trucking Company

The trucking company that operated the truck involved in the underride accident can be held liable under several theories:

Direct negligence: If the company failed to properly maintain the truck and trailer, including any underride guards that were present

Negligent equipment choices: If the company chose not to install side guards or stronger rear guards when they were available

Respondeat superior: Automatic liability for the driver’s negligent operation of the vehicle

Negligent hiring/training/supervision: If the driver had a history of violations or the company failed to properly train them

The Trailer Manufacturer

Product liability claims against trailer manufacturers may be pursued when:

Design defect: The trailer’s design is inherently unsafe because it lacks adequate underride protection that could have been included

Manufacturing defect: An underride guard was improperly manufactured or installed, causing it to fail in a crash

Failure to warn: The manufacturer failed to warn about the risks of underride or the limitations of guards

Example design defect theory: A trailer manufacturer produces trailers without side underride guards despite:

– The technology being available and proven effective

– The cost being reasonable (less than 10% of trailer price)

– Clear evidence that lack of side guards causes deaths

– The trailer being marketed for highway use where underride risks are significant

This could establish that the trailer design is unreasonably dangerous and defective.

The Truck Driver

The driver who operated the truck may be individually liable if their negligence contributed to the accident:

Examples of driver negligence in underride cases:

– Jackknifing due to excessive speed or improper braking

– Making unsafe turns that cut off other traffic

– Stopping or parking on the roadway unsafely

– Failing to use proper lighting, reflectors, or warning devices

– Backing across traffic without adequate clearance

Other Potentially Liable Parties

Depending on accident circumstances, liability may also extend to:

Freight brokers: If they selected an unsafe carrier or imposed schedules that contributed to unsafe driving

Maintenance providers: If they failed to properly maintain or repair underride guards

Government entities: In rare cases involving dangerous road design or inadequate signage/lighting

Other drivers: If a third party’s negligence caused the chain of events leading to underride

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The Importance of Identifying All Defendants

In catastrophic underride cases with multiple fatalities or permanent injuries, damages often exceed individual defendants’ insurance coverage. Identifying all potentially liable parties and their insurance policies is critical to achieving adequate compensation:

Trucking company: Typically carries $1-5 million in liability insurance

Trailer manufacturer: Often carries $5-50 million in product liability coverage

Broker/3PL: May have $2-10 million in separate coverage

The difference between recovering $1 million (trucking company only) versus $10+ million (multiple defendants) is life-changing for families facing catastrophic losses.

Proving Liability in Underride Cases

Underride accident cases require sophisticated investigation and expert analysis:

Accident Reconstruction

Expert accident reconstructionists analyze:

– Speed and trajectory of both vehicles

– Point of impact and underride dynamics

– Whether different guard designs would have prevented underride

– Driver reaction times and avoidance possibilities

Product Testing and Analysis

In cases against trailer manufacturers, we may conduct or rely on:

– Crash testing of the specific guard design involved

– Comparison to alternative guard designs available at the time

– Analysis of industry standards and best practices

– Cost-benefit analysis of safety improvements

Regulatory Compliance Analysis

Experts evaluate:

– Whether guards met federal standards (weak as they are)

– If guards were properly maintained

– Whether Canadian or European standards would have prevented the underride

– Industry custom and practice regarding guard installation

Photographic and Video Evidence

Underride cases often involve graphic evidence:

– Crash scene photographs showing the extent of underride

– Vehicle damage photos demonstrating guard failure

– Sometimes dashcam or surveillance footage of the accident

This evidence, while difficult to view, powerfully demonstrates why stronger safety requirements are necessary.

Damages in Underride Death Cases

Underride accidents often result in wrongful death claims with substantial damages:

Economic Damages

Lost income and earning capacity: When a wage earner is killed, the family loses their financial support over their remaining work life expectancy, often valued in the millions

Lost household services: The value of services the deceased provided to the family

Medical and funeral expenses: Though often death occurs quickly, there may be emergency medical costs and funeral expenses

Non-Economic Damages

Sorrow, mental anguish, and loss of companionship: Compensation for the family’s grief and loss of their loved one’s presence in their lives

Loss of consortium: Spouses’ separate claims for loss of their marital relationship

The Unique Trauma of Underride Deaths

Underride deaths are often particularly traumatic for surviving family members:

– The violence of the gdeaths creates additional psychological trauma

– Sometimes multiple family members are killed in one accident

– The knowledge that the death was entirely preventable adds to the grief

– Seeing the damaged vehicle and understanding what happened is devastating

Juries understand this trauma and, in cases where liability is clear and the defendant’s conduct was egregious, award substantial damages to reflect the magnitude of the loss.

Punitive Damages Potential

In Virginia, punitive damages (capped at $350,000) may be available when the defendant’s conduct showed willful and wanton negligence or conscious disregard for safety.

Scenarios supporting punitive damages in underride cases:

– Trailer manufacturer knew guards were inadequate but continued using them to save costs

– Trucking company removed or disabled guards to save weight

– Company had prior underride accidents but failed to upgrade guards

– Internal documents show conscious decision to prioritize profits over safety

Even with the cap, punitive damages claims create leverage and often result in higher compensatory awards as juries punish egregious conduct.

What Families Should Do After an Underride Accident

If you’ve lost a loved one or someone has been catastrophically injured in an underride accident:

1. Contact Specialized Counsel Immediately

Underride cases are among the most complex truck accident cases because they often involve:

– Product liability claims requiring engineering experts

– Multiple defendants with sophisticated defense teams

– Federal regulatory analysis

– Substantial damages requiring comprehensive proof

You need an attorney who specializes in truck accident cases and who understands underride litigation specifically.

2. Preserve the Vehicles

The damaged vehicles are critical evidence:

– The car shows the extent and angle of underride

– The truck/trailer can be examined for guard defects or absence

– Expert testing may be needed

Don’t allow vehicles to be destroyed or repaired. Your attorney should immediately send spoliation letters preserving the vehicles for examination.

3. Document Everything

Even in your grief:

– Photograph the accident scene if possible

– Identify witnesses and obtain contact information

– Preserve any communications with the trucking company or their insurance

– Document your loved one’s role in the family and financial contributions

4. Don’t Give Statements

Trucking companies and their insurers will contact you quickly, often while you’re still in shock and grief. They’ll be sympathetic and understanding, but their goal is to minimize liability.

Politely decline to give recorded statements or sign any documents until you’ve consulted with an attorney. Nothing you say will help your case, but things you say can hurt it.

5. Understand the Timeline

Wrongful death claims in Virginia must be filed within two years of the death. While that seems like a long time, complex underride cases require extensive investigation, expert analysis, and preparation. Early action is critical.

The Fight for Stronger Regulations Continues

Families who have lost loved ones in underride accidents have become powerful advocates for regulatory change:

The Stop Underrides Act: Proposed federal legislation would require:

– Side underride guards on most trailers

– Front underride guards in certain circumstances

– Strengthened rear guard standards matching Canadian requirements

Advocacy organizations: Groups like the Truck Safety Coalition and the Center for Auto Safety continue pushing for regulatory improvements

State-level efforts: Some states have considered requiring underride guards on trailers operating within their borders

Industry voluntary adoption: Some progressive companies have voluntarily installed side guards, recognizing both the safety benefits and liability exposure

Progress is slow, but the continued advocacy by grieving families is gradually creating political pressure for change.

What to Know: the Bottom Line

Underride truck accidents are among the most devastating crashes on American roads. They kill and catastrophically injure hundreds of people every year, including children and entire families.

The tragedy is compounded by the fact that these deaths are preventable. The technology exists to prevent most underride accidents. The cost is reasonable. Other countries require comprehensive underride protection. But the trucking industry has fought regulatory improvements, and the federal government has failed to act decisively.

When underride accidents occur, holding the right parties accountable is critical—not just for the individual family’s recovery, but to create financial incentives for the industry to install life-saving safety equipment voluntarily.

If you’ve lost a loved one in an underride accident, you deserve attorneys who understand the technical, regulatory, and legal complexities of these cases and who will fight to hold all responsible parties accountable.

Contact Our Firm

If you or a loved one has been catastrophically injured or killed in an underride truck accident in Virginia, contact MartinWren, P.C. immediately for a free consultation.

As Virginia’s only board-certified truck accident attorney, I have the specialized expertise to handle these complex cases involving product liability, federal regulations, and multiple defendants.

We’ll thoroughly investigate the accident, retain the necessary engineering and accident reconstruction experts, identify all potentially liable parties and their insurance coverage, and fight for maximum compensation while honoring your loved one’s memory.

We work on a contingency fee basis—you pay nothing unless we recover compensation for you.

These preventable tragedies must stop. Until regulations change, we’ll continue fighting to hold negligent companies accountable.

Call us today or fill out our online contact form for help.

About the Author: This post was drafted by Virginia Truck Accident attorney Robert E. Byrne, Jr. Bob is the first and only Board Certified Truck Accident Law in Virginia. Bob has helped heartbroken families make sense of their losses. One way is by obtaining civil recoveries against unsafe trucking companies and drivers.

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