Do large truck underride guard requirements need an update? P.2

On Behalf of | May 31, 2017 | Motorcycle Accidents

Last time, we began looking at the topic of underride guards, current federal safety regulations for underride guards, and ongoing efforts to make these safety requirements stricter. As we noted, those who have been working toward stricter underride guard requirements have faced significant inertia among lawmakers.

Whenever a truck accident occurs, of course, working with an experienced attorney is necessary to ensure the accident victim is able to build the strongest possible case in seeking compensation from responsible parties. Truck drivers are bound by multiple safety requirements under both state and federal law, and investigating compliance with these measures can be an important part of preparing a truck accident case.

Truck drivers who fail to comply with federal rules for underride guards can and should be held responsible for their noncompliance when it results in injury or death. The same goes for trucking companies that fail to monitor their drivers to make sure they follow safety regulations. In cases where the truck driver was clearly at fault in the accident, it may not be necessary to establish failure to comply with safety regulations, but it can be very important in cases where a motorist is partially at fault for the crash.

Take, for instance, a case where a motorist runs a red light and collides with a large truck from behind, suffering serious injuries as a result of the truck not having been equipped with an up-to-code underride guard. In such a case, it may be determined that the driver was partially responsible for his injuries, but not completely due to the truck driver’s failure to have installed a proper underride guard. In these cases, highlighting the failure to comply with the safety regulation is critical to maximizing a motorist’s compensation.

Working with an experienced attorney who understandings the law and how to build a strong motor vehicle accident case can help ensure an accident victim, or his or her family, has the best chance of receiving fair compensation. 


FindLaw Network