Truck Accident Underride is Preventable
Truck accident underride refers to a motor vehicle riding under the back of a truck. This can have disastrous consequences. The U. S. Department of Transportation has published written standards regarding proper rear-impact guards for tractor trailers. There is some ongoing controversy as to what those rear-impact guards should consist of and exactly how high off the ground they should be. Under earlier regulations the rear guards could be has high as 30 inches off the pavement. That regulation may still govern some vehicles. Safety advocates maintain that the rear guards should be no higher than 18 inches above the pavement to prevent compact cars from riding under, that the strength requirements of these guards is about half what they should be and that the existing regulations should be made retroactive to apply to all tractor trailers on the roadway.
The regulations in existence do nothing to encourage the use of rear guards that actually absorb energy through the use of hydraulics. The guards that are on most vehicles at this point are fixed objects that do not absorb impact but simply are designed to prevent the striking vehicle from riding under.
The fact that the federal government has promulgated regulations dealing with this issue may, in some instances, create a federal preemption question. In general, however, state tort claims are preempted by federal regulation if the scope of the federal statute indicates the intent to occupy that field exclusively, compliance with both federal and state requirements is rendered impossible and state law somehow contravenes the congressional purpose. In regards to underride legislation, Congress has not demonstrated any intent to occupy that field exclusively and, as such, federal preemption should not be a bar to asserting state tort claims.
For more information on truck accidents that may bear on truck accident underride see the other pages on this site dealing with truck accidents.
If you or a loved one has been injured as a result of underriding, contact us.
