Pursuing Justice for Survivors of Underride Accidents

Survivors of underride accidents often suffer life-altering disabilities, making a fair settlement essential. Our team at Webster Vicknair MacLeod brings over 120 years of combined experience to truck accident cases and is dedicated to ensuring the compensation reflects the extensive medical care and support victims may need for the rest of their lives. Contact our Houston truck accident attorneys today if you or someone you love has been injured in an underride accident. Let us help you pursue the justice you need to recover from this life-altering incident.

What Is an Underride Accident?

Truck underride accidents occur when a smaller vehicle travels behind or alongside a large truck. Upon impact, the smaller vehicle slides beneath the truck's body, often resulting in the cabin being sheared off. This can cause fatal injuries to the driver and passengers in the vehicle, whether it’s a car, truck, van, or SUV. Determining liability in a truck underride accident requires a thorough evaluation of the facts. While it may seem that the truck driver is not at fault since the vehicle was struck from behind, this isn't always true. Webster Vicknair MacLeod will fully evaluate the facts as the first step in pursuing justice.

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How Does a Truck Underride Accident Occur?

Poor visibility, abrupt stops, or poor weather conditions that impair a driver's ability to slow down in time are often the causes of these accidents. Inadequate lighting and a lack of reflective markings on trucks can also contribute to these incidents, making it difficult for drivers to determine a truck's size and distance at night. In many cases, underride accidents occur because a truck is unsafely parked on the side of a road or highway, with the trailer extending into a lane of moving traffic.

These accidents also frequently happen when a truck driver makes an unsafe turn at an intersection and collides with a legally stopped vehicle, or the truck driver may have made an unsafe lane change directly into another vehicle. All trucks must have safety barriers on the rear. However, some may be old or damaged and not hold. The lack of underride guards designed to prevent such occurrences can increase the severity of these collisions.

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Who Is Liable in a Truck Underride Accident?

Determining liability in a truck underride accident can be challenging, as multiple parties might be responsible. Consider the following examples:

  • The trucking company may be liable if inadequate maintenance or failure to install proper underride guards and lights contributed to the incident.
  • The manufacturer may be liable if a defective underride guard fails to perform its intended function.
  • The truck driver could be at fault if negligence, such as distracted or reckless driving, were a factor.

A truck accident injury attorney can gather evidence such as accident reports, expert testimony, and vehicle inspections to build a case and establish accountability.

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What Our Clients Say

Lin Z.

I had a dog bite case. Mr. Christian Tovar represented me. He was an very accountable attorney, who provided me with the best customer service. He always kept me informed the case status, and answered any of the questions that I had. I am very satisfied with the the final settlement. I highly rec...

Anita E.

Jason Webster and staff care about their clients and work hard to get each client what they deserve. Jason is a down to earth guy with a huge heart.

Former Client

Exceptional people giving all they have for your best interest. Omar is always there for you any time. Our life was turned upside down by a motorcycle accident we were not expected to survive. Webster Vicknair MacLeod was our support system making it possible for us to live our life to its fulles...

Vicki R.

Christian Tovar did a great job representing us in our lawsuit against Kingwood United Methodist Church that kept flooding our property. I would recommend him to anyone for legal services.

JJ E.

They did a phenomenal job from the first call until the end. Christian Tovar was amazing in handling my case and was great with constant communication. Never use one of those big box firms that advertise all the time. Webster Vicknair MacLeod is made up of people you can trust to represent you an...

Sam T.

Google doesn’t have enough stars for Webster Vicknair MacLeod. They did an Awesome job fighting for me, communicating with me, listening to me, and working on my behalf. They always made me a priority. So many thanks to Joel and Webster Vicknair MacLeod. You are appreciated

Brittney T.

Very great experience would recommend them to anyone!

Rocio E.

I highly recommend them to anyone who’s been in an accident. Christian Tovar handled my case. He was very helpful, great at communicating, and always kept me updated with my case. Got me a good settlement overall very pleased.

Johnnie B.

Thank you Webster Vicknair MacLeod for making my experience with your law firm such a great experience. I lost my voice due to cancer and it's so hard to communicate. I have not had one problem with this at your law firm and yall are so good at communicating with me and keeping me informed of my ...

Carol G.

I joined the class action lawsuit against the developer who clear-cut land behind the Kingwood community of Elm Grove, causing 2 terrible flood events for half the owners of this neighborhood. My property was among the victims. I never thought we would win. Through the excellent efforts of attorn...

Heather S.

Webster Vicknair MacLeod was victorious in settling a large case with several hundred plaintiffs. I can’t imagine what an undertaking this had to have been. I’m truly grateful for the results. Although nothing can take away from the experience that my family went through, thanks to th...

Lin Z.

I had a dog bit case. Mr. Christian Tovar represented me. He was a very accountable attorney, who provided me with the best customer service. He always kept me informed of the case status and answered any of the questions that I had. I am very satisfied with the final settlement. I highly recomme...

Larissa P.

I would highly recommend Webster Vicknair MacLeod to anyone. They exceed our expatiations and we can't thank Omar, Jason, and staff enough.

James

I recently talked to one of your representatives at your firm about my case. He was very respectful, courteous, and cordial about everything, as well as very informative. I really appreciate being treated like I matter by your Law Firm.  I will never go anywhere else again for legal represen...

Injuries in an Underride Accident

Truck underride accidents can result in injuries due to the severe impact and limited protection for the occupants of smaller vehicles. The accident causes a compromise in the roof of the passenger vehicle and survivability space. Some common injuries are as follows:

  • Traumatic brain injuries (TBIs): Head injuries result from the forceful impact. They range from concussions to other life-threatening ones.
  • Lacerations or amputations: These injuries are due to the crushing forces involved.
  • Spinal cord injuries: Such injuries can lead to paralysis or long-term mobility issues.

Investigating a Truck Underride Accident

Investigating a truck underride accident is a detailed process that requires careful examination to determine the cause and assign liability.

First, the accident scene must be secured and documented. Investigators collect evidence such as photographs of vehicle positions, skid marks, and road conditions.

If available, eyewitness accounts and video footage from nearby surveillance cameras provide additional information. Next, the vehicles involved undergo forensic inspections. Specialists analyze the damage patterns on the passenger vehicle and the truck, paying close attention to any malfunction or absence of underride guards.

Data from vehicle black boxes can provide information on speed and braking patterns leading to the crash. Investigators also review maintenance logs, driver logs, and the truck company’s compliance with safety regulations. Consulting with accident reconstruction experts reconstructs the accident, providing a clearer picture of how and why the incident occurred.

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Compensation in a Truck Underride Accident

Medical Expenses

Injured individuals can claim compensation for all medical costs incurred due to the accident. These include emergency medical treatment, hospital stays, surgeries, rehabilitation, and any ongoing healthcare needs.

Lost Wages and Loss of Earning Capacity

If injuries from the accident prevent the victim from working, they may be entitled to recover lost wages. In cases of severe, long-term injuries, compensation may also cover the loss of future earning capacity.

Pain and Suffering

Beyond tangible expenses, injured parties can receive compensation for physical pain, emotional distress, and decreased quality of life resulting from the accident.

Property Damage

Compensation can extend to the repair or replacement costs of the damaged vehicle involved in the accident.

Punitive Damages

In cases where the trucking company or driver's gross negligence or willful misconduct by the trucking company or driver contributed to the accident, the court may award punitive damages to deter future behavior.

Wrongful Death Compensation

For families who have lost a loved one due to a truck underride accident, compensation may include funeral expenses, loss of companionship, and financial support that the deceased would have provided.

Our Case Results

Sutherland Springs Church Shooting

$230,000,000

Federal Mass Tort Verdict

Holcombe Et Al. v. United States of America was a case related to the 2017 Sutherland Springs church shooting.

Lac-Mégantic Railway Disaster

$200,000,000

Train Derailment Settlement

Lac-Mégantic railway disaster was a 2013 train derailment and explosion case in Quebec, Canada.

On July 6, 2013, a 74-car freight train barreled unattended down a hill in the town of Lac-Mégantic, Quebec. The train, which was carrying Bakken formation crude oil, derailed and resulted in the fire and explosion of numerous tank cars. The aftermath led to the confirmed death of 42 people, with five more missing and presumed dead. Victims of this disaster are finally being compensated due in large part to the efforts of Attorney Jason Webster.

The railway line on which the disaster occurred is owned by Montreal Maine and Atlantic Canada LTD. (MMA). Early in January of this year, MMA was ordered to pay nearly $200 million in settlement funds to the victims of the Lac-Mégantic train crash.

Robbins Chevrolet Co. in Harris County

$15,300,000

Fatal Crash Verdict

Robbins Chevrolet Co. in Harris County was a case involving a fatal crash caused by a Robbins Chevrolet employee.

BNSF Railway Company

$3,250,000

Brain Injury Verdict

Tamela Lane v. BNSF Railway Company was a case involving a brain-injured passenger in a vehicle hit by a BNSF train in Bellville, Texas.

January 2015- Cause No. 72383; Tamela Lane, as Temporary Guardian of Ty-Amber Lane, An Incapacitated Person v. BNSF Railway Company, et al; In the 239th Judicial District Court of Brazoria County, Texas

Webster Vicknair MacLeodfights to a $3.25 million verdict for brain injured passenger of a vehicle who was hit by a BNSF train in Bellville, Texas. Jason Webster and Russell Serafin represented a 19-year-old girl who suffered a traumatic brain injury when the car she was a passenger in was struck by a BNSF train that killed the driver. After a Brazoria County jury was seated, the trial lasted 3 weeks and Jury found 50/50 on liability (between railroad and driver of the vehicle) and awarded funeral expenses to the driver of the vehicle and $3.25 million for the passenger of the vehicle. The driver of the vehicle ran a stop sign and stopped on the tracks before being struck. There was evidence that the driver was also on the cell phone at the time. The railroad argued that it was 100% the driver's fault.

18-Wheeler Accident

$800,000

Child Placement Agency Settlement

$775,000

A case against a child placement agency settled for $775,000 for negligent undertaking.

Slip & Fall Settlement

$410,000

Car Wreck

$225,000

A client had been hit by a commercial truck after another private truck driver had hit him.

A client had been hit by a commercial truck after another private truck driver had hit him. It both drivers ended up paying out the total gross settlement.

Policy Limit Settlement

$130,000

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case.

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case. We are honored to have represented our clients and fought to secure the compensation they were entitled to.

Slip and Fall Settlement

$100,000

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston.

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston. The garage maintenance company who failed to put any caution or wet floor signs out settled with her for $ 100,000.00. It happened at the end of a business day and it had been raining that whole day but no signs were ever placed.

Dog Bite

$77,500

Car Accident

$50,441

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona.

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona. Using the crosswalk, she and her mother were granted the right-of-way and entered the intersection. Without warning, a negligent motorist driving a jeep swung left through the intersection and struck the young woman in the chest.

The force of the impact was great enough to throw the young woman backward off the hood of the car. She suffered a broken wrist and substantial bruising and scarring. In order to recover from her wounds, she needed to be in a cast for 6 weeks and entered rehabilitation therapy sessions for her wrist, which lasted for more than two months. The medical bills were less than $25,000.

Mr. Chawdhary represented the young woman who was struck by the negligent jeep driver, during the arbitration session and also helped her build her argument. We are proud to be able to say that the arbitrator decided that our client should be awarded $50,441.57 in damages, which is more than twice her total medical bills.

Brian Quinn, Deceased; v. Federal Express Corporation

Settled for Confidential Amount

Webster Vicknair MacLeodsettles for a confidential amount for the death of a pilot in a plane crash in Kansas.

Webster Vicknair MacLeodrepresented a widower for the death of her husband after a tragic plane crash. On November 6, 2012, Pilot Brian Quinn took off from the Wichita airport, piloting a 1991 Cessna Caravan turbojet which was equipped with a Pratt & Whitney Canada engine, loaded with Federal Express cargo, heading for Garden City, Kansas.

Shortly after leaving the Wichita airport, the engine failed and quit working altogether, due to the failure and separation of a compressor turbine blade. When the turbine blade failed, it flew out of position, severing an oil line and/or the oil cooler, which caused oil to immediately spray all over the windshield, thereby depriving the pilot of vision out of the window.

Despite having no vision out the windshield of the plane and despite that the engine had completely failed, and could not make it back to the Wichita airport for a landing, Quinn made a perfect blind emergency landing in a nearby wheat field. After Quinn landed the plane but before it came to a full stop, the plane collided into a row of trees which Quinn could not see due to the oil on the windshield, and Quinn was killed.

There were several parties in this lawsuit and all but Federal Express either settled or were let out of the case. On the eve of trial, Federal Express settled with Webster Vicknair MacLeodand Mr. Quinn’s family for a confidential settlement amount. Cause number DC-13-13215; Gay Ann Quinn, on behalf of herself and as Administrator/Special Administrator of the estate of Brian Quinn, Deceased; v. Federal Express Corporation, Et. Al.; In the 134th Judicial District Court of Dallas County, Texas

Contact Webster Vicknair MacLeod After an Underride Accident

We are here to help. Call Webster Vicknair MacLeod at (713) 396-5197 to schedule a free case review. Our team can discuss your case, answer your questions, and discuss your options. We work on a contingency basis nationwide, which means there is no upfront fee. Instead, we receive payment when you win your case. No matter how tough your case may be, our hard-working team leverages our 120 years of combined experience to fight aggressively for the best outcomes.

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