Truck Underride Accident Lawyers in Charleston
We Bring Experience from More Than 100 Truck Accident Cases to Your Claim
An underride crash occurs when a passenger vehicle slides beneath the rear or side of a commercial truck or trailer. The height and structure of the larger vehicle can cause passenger-compartment intrusion, leading to catastrophic injuries or death. Our attorneys examine how the collision occurred, whether safety equipment was present and functioning, and which parties may be responsible.
Pierce, Sloan, Kennedy & Early LLC has handled more than 100 truck accident cases. We apply that commercial-vehicle litigation experience to the distinct issues raised by rear and side underride claims, including trailer components, maintenance records, driver activity, and electronic data.
Call (843) 968-0886 for a free case evaluation with our Charleston truck underride accident lawyers.
How We Investigate a Truck Underride Crash
Responsibility may rest with a truck driver, motor carrier, trailer owner, maintenance provider, cargo-loading company, manufacturer, or several parties. Determining liability requires examining how the collision happened, who controlled the equipment, and whether each party met its legal duties.
We handle accident investigation, liability analysis, insurance negotiations, and litigation in truck accident matters. Our investigation may include scene photographs, video, dispatch information, driver records, maintenance documents, loading records, and electronic logging and vehicle data. We also examine possible truck driver negligence, falsified logbooks, rollover collisions, and fatal incidents.
Our attorneys evaluate compliance with federal and South Carolina commercial-truck laws. We represent clients in state and federal courts nationwide, and our attorneys are licensed in South Carolina, Georgia, and Florida.
How Rear & Side Underride Crashes Happen
In a rear underride crash, a passenger vehicle travels beneath the back of a truck or trailer. A side underride collision can occur when a vehicle strikes a tractor-trailer during a turn, merge, lane change, or crossing movement. Each type raises different questions about visibility, roadway positioning, lighting, driver decisions, and trailer safety equipment.
Important areas of an underride investigation may include:
- Guard Condition: Whether an underride guard was present, properly positioned, visible, maintained, and intact before the collision.
- Truck Operation: Whether speed, fatigue, distraction, following distance, or the truck’s movement contributed to the crash.
- Lighting and Conspicuity: Whether lamps, reflective materials, and other visibility features were present and functioning.
- Company Records: Whether inspection, maintenance, dispatch, and driver records reveal operational or safety failures.
- Physical Damage: Whether damage to the passenger vehicle, trailer, and guard helps establish the collision angle and sequence.
Federal Rear-Impact-Guard Standards
Federal Motor Vehicle Safety Standard 223 (FMVSS 223) sets performance requirements for rear impact guards. Federal Motor Vehicle Safety Standard 224 (FMVSS 224) addresses their installation on covered trailers and semitrailers. These standards generally apply to most trailers and semitrailers over 10,000 pounds, although regulatory exclusions exist.
Compliance doesn’t automatically resolve liability in an individual case. The vehicle type, guard condition, maintenance history, collision mechanics, and conduct of the parties can affect the analysis. Side underride collisions may require different proof because federal rear-impact-guard requirements don’t govern every point along a trailer’s side.
Liability & Compensation Under South Carolina Law
A negligence claim generally requires proof of a legal duty, breach, causation, and damages. The available records must connect a person’s or company’s conduct to the collision and resulting harm. Because several businesses and insurance policies may be involved, identifying every responsible party is an important part of the investigation.
These collisions can cause traumatic brain injuries, spinal cord injuries, fractures, burns, permanent disability, and death. Depending on the type of claim and supporting documentation, recoverable damages may include:
- Past and future medical care and rehabilitation
- Lost income and reduced earning capacity
- Pain, suffering, and diminished quality of life
- Property damage and other documented losses
- Funeral expenses and qualifying family losses in a wrongful death claim
South Carolina Code Section 15-3-530 generally establishes a three-year filing period for personal injury and wrongful death actions. Exceptions and claim-specific rules may change the deadline, so prompt review is important.
What Happens During an Underride Accident Claim
We begin by determining how the crash happened, identifying potential defendants and insurance coverage, and preserving relevant material. Commercial-vehicle records, electronic data, surveillance footage, and damaged components may be altered, lost, or discarded over time. Early action can provide more opportunities to request and inspect them.
We then document the injuries, treatment, income losses, future care needs, and other damages. When insurers make an offer, we assess it against the extent of the harm, disputed liability, available coverage, and litigation risks. If negotiations don’t produce an acceptable resolution, we can pursue the case in court.
Request a Confidential Evaluation of Your Underride Claim
Injured survivors and families considering a wrongful death claim can contact us even if liability, insurance coverage, or the full extent of the injuries remains uncertain. During a confidential consultation, we can review the known facts, discuss the next steps, and explain how we would approach the investigation.
We provide personalized representation and cost-effective legal strategies for clients facing complex litigation in South Carolina and beyond. Case evaluations are free, and clients pay no attorney fees unless we recover compensation for them.
Call (843) 968-0886 to discuss your Charleston truck underride accident with Pierce, Sloan, Kennedy & Early LLC.
