Underride Accident Lawyer in Springfield, Missouri
When a Passenger Vehicle Goes Under a Truck or Trailer
An underride crash occurs when a smaller passenger vehicle travels partly or completely beneath a larger truck or trailer during a collision. Because the point of impact can move above the smaller vehicle's main crash-management structures, the truck or trailer may intrude into the passenger compartment and cause catastrophic injuries.
Underride can occur at the rear, side, or front of a large truck. Rear underride usually involves a passenger vehicle striking the back of a truck or trailer. Side underride can occur when a vehicle collides with the side of a trailer. Front underride, sometimes described as override, can occur when the front of a large truck rides over part of a smaller vehicle.
These crashes raise questions that go beyond ordinary driver negligence. The condition of rear impact protection, trailer visibility, braking, lighting, maintenance, vehicle positioning, and the actions of multiple companies may all matter.
At Bishop & Hayes P.C., auto accident recovery is the firm's exclusive focus. Brad Bishop and Tim Hayes bring more than 50 years of combined experience, and the firm has recovered more than $100 million for injured clients.
If you were injured in an underride crash in Springfield or elsewhere in Missouri, call (417) 785-3410 for a free case evaluation. You can also contact us online.
Rear, Side, and Front Underride Require Different Investigations
The direction of impact can change the evidence that matters.
Rear Underride
A rear underride investigation may focus on the rear impact guard, the trailer's lighting and reflective material, whether the truck or trailer was stopped or moving, and whether warning devices were used when required. Damage to the guard and trailer can also help reconstruction professionals evaluate the mechanics of the collision.
Side Underride
Side crashes can involve turning or crossing trailers, lane changes, visibility, and the position of the passenger vehicle before impact. Federal standards require rear impact protection on many covered trailers and semitrailers, but there is not a comparable federal FMVSS requiring side underride guards on trailers.
Front Underride
A front underride or override crash can occur when a large truck collides with the rear or side of a smaller vehicle and rides over part of it. Following distance, speed, braking, driver attention, and the truck's path before impact can become important evidence.
The point is not to assume the cause from the crash label. A serious Springfield truck accident requires an investigation into what each driver and company did before the collision and what the physical evidence shows.
OUR VERDICTS & SETTLEMENTS
MORE THAN $100,000,000 RECOVERED FOR OUR CLIENTS
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$1.5 Million Auto Accident Rollover
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$1.1 Million Motorcycle Accident
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$1 Million Semi-Truck Accident
The Keys to our success
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Exclusive Focus on Auto Accident Recovery Law
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Over $100,000,000 Total Recovered for Our Clients
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50 Years of Combined Experience in Car Crash Recovery
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Same-Day Returned Phone Calls and Emails from Our Clients
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Partners Who Handle Your Claim from Consultation to Recovery
Rear Impact Guard Rules Can Matter, but Compliance Is Only One Part of the Case
Federal Motor Vehicle Safety Standard No. 223 addresses the strength and energy-absorption performance of rear impact guards. FMVSS No. 224 requires rear impact protection on many new trailers and semitrailers, subject to specified exceptions.
NHTSA strengthened these standards in 2022. The upgraded requirements are designed around protection against passenger-car impacts at 35 mph in full-overlap and 50-percent-overlap rear crashes. Manufacturers were given a two-year compliance period.
FMCSA also requires rear impact guards to be included in annual inspections for commercial vehicles subject to the guard requirements.
Those rules can be important in an underride case, but a regulatory violation is not the only way negligence or product liability may be evaluated. A compliant guard can still be damaged, improperly maintained, or involved in a crash outside the conditions addressed by the standard. Likewise, a collision may result from driver conduct, lighting problems, stopping practices, or another safety failure rather than guard design.
The Evidence Can Point to More Than One Responsible Party
Underride cases can involve several potential defendants, but liability depends on the evidence rather than the type of company involved.
Depending on how the crash occurred, the investigation may examine the conduct of:
- The truck driver: including speed, following distance, braking, lane position, turns, and warning practices
- The motor carrier or trailer owner: including maintenance, inspections, training, and safety practices
- A maintenance contractor: if defective repairs or inspections contributed to the condition of the truck, trailer, lighting, or rear guard
- A trailer, guard, or component manufacturer: if a design or manufacturing defect contributed to the injuries
Records can be especially important. Driver logs, inspection reports, maintenance records, photographs, electronic vehicle data, dash-camera footage, surveillance video, and physical measurements from the vehicles may help establish how the collision occurred.
When serious injuries are involved, our attorneys may also coordinate with accident reconstruction professionals, medical providers, and other consultants as needed to document both liability and damages.
Missouri Comparative Fault Can Affect an Underride Claim
Missouri follows a pure comparative fault system in negligence cases. If an injured person is found partly responsible for a crash, that share of fault can reduce the damages awarded rather than automatically eliminating the claim.
That makes evidence about lane position, visibility, speed, braking, and the truck driver's conduct especially important when an insurer argues that the passenger-vehicle driver caused or contributed to the collision.
Missouri also has filing deadlines. Many personal injury actions are generally subject to a five-year limitations period, while Missouri wrongful death actions generally must be commenced within three years. Different claims and circumstances can affect the deadline, so waiting until the end of a limitations period is risky.
If an underride crash resulted in a death, our Springfield wrongful death lawyers can evaluate the separate rules that apply to a fatal collision.
Bishop & Hayes P.C. handles underride accident claims throughout Springfield and across Missouri, Oklahoma, Kansas, and Arkansas. Our partners personally manage every case, and we offer a free case evaluation so you can understand your options before committing to anything. Call us now at (417) 785-3410.
Hear from our clients
WE PUT YOUR EXPERIENCE AND YOUR RECOVERY FIRST
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“They are really good people very friendly and helpful!”- Jimmy C.
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“Mr. Bishop was always available to answer my questions and he took care of everything”- Cathy B.
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“Great professional team!”- Terry W.
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“Tim and his staff are wonderful to work with!”- John B.
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“I give this Firm 5 stars on all levels!”- Gene M.
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“If you need an attorney that is going to look out for your needs give them a call first.”- Jen F.
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“Two times now we have needed them.”- Kasandra S.
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“There aren't enough words to say how much I appreciate my first meeting with Tim Hayes!!”- Jeanette B.
A Truck-Crash Case Is Built From the Physical Evidence
The most useful evidence can disappear quickly after a commercial-truck collision. Trucks and trailers may be repaired, electronic information can be overwritten, surveillance footage can be lost, and witnesses can become harder to locate.
An early investigation may include:
- Photographing and measuring the truck, trailer, rear guard, and passenger vehicle
- Preserving electronic logging and onboard vehicle data when available
- Obtaining inspection and maintenance records
- Reviewing the driver's qualification and safety records when relevant
- Identifying the trailer owner, motor carrier, maintenance providers, and other entities connected to the vehicle
- Evaluating medical records and future treatment needs
- Reconstructing the collision when the mechanics of impact are disputed
This is where Bishop & Hayes's exclusive focus on auto injury law is relevant. Brad Bishop began his career representing national insurance companies, giving him direct experience with the way insurers investigate and defend injury claims. Tim Hayes previously led personal injury litigation at a larger firm before he and Brad founded Bishop & Hayes.
The firm's published case results include a recovery of more than $1 million in a semi-truck accident and more than $350,000 in a semi-truck head-on collision. Past results do not guarantee the outcome of another case.
Your Case Is Handled by a Founding Partner
Bishop & Hayes is structured differently from many high-volume injury firms. One of the founding partners, Brad Bishop or Tim Hayes, handles the claim from consultation through recovery rather than handing the important legal work to an associate or paralegal.
The firm also prioritizes same-day responses to client calls and emails. That hands-on model matters in a complex truck case because the lawyer negotiating with the insurer or preparing for trial already knows the evidence, injuries, and disputed issues in the claim.
If the crash caused a traumatic brain injury, spinal cord injury, amputation, or another life-changing condition, the firm's Springfield catastrophic injury practice addresses the long-term medical and financial consequences that can become central to damages.
Contact Bishop & Hayes P.C. today for your free case evaluation. Call (417) 785-3410 to speak with our attorneys about your underride accident claim.
