Truck underride crashes in Indiana

A trailer bed sits well above a car’s bumper and hood. In an underride crash, the car goes partly under the trailer, so the trailer can strike the windshield and passenger compartment instead of the car’s crumple zones. These crashes are often catastrophic, and they raise questions about both how the crash happened and whether the trailer’s safety equipment did its job.

What is an underride crash, and who is responsible?

An underride crash happens when a smaller vehicle slides under the rear or side of a trailer. Responsibility can fall on the truck driver (for example, for stopping without warning devices), the motor carrier, or whoever failed to maintain the rear impact guard. Federal rules require rear guards on most trailers; side guards are not federally required.

Types of underride crashes

• Rear underride. A car strikes the back of a trailer that is stopped, slowing, or moving slowly—often in traffic backups, at night, or when a truck is stopped on a shoulder or ramp.
• Side underride. A car strikes the side of a trailer that is turning, crossing a highway, backing into a driveway, or jackknifed across lanes.

What federal rules require for rear impact guards

Federal Motor Carrier Safety Regulations require rear impact guards on most trailers and semitrailers. Under 49 CFR 393.86, trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more that were manufactured on or after January 26, 1998, must have a rear impact guard that meets federal motor vehicle safety standards in effect when the trailer was built. The rule sets limits on the guard’s placement, including that the bottom of the guard generally may not be more than 22 inches above the ground. Some trailer types, such as pole trailers and certain special-purpose and low-chassis vehicles, are excluded. Older vehicles have separate rear-protection requirements.

A guard can be present and still fail if it is bent, rusted, cracked, or poorly attached. Carriers must systematically inspect, repair, and maintain their vehicles (49 CFR 396.3), so the condition of the guard before the crash is an important question.

What about side underride guards?

There is currently no federal requirement for side underride guards on trailers. The National Highway Traffic Safety Administration has studied the issue and asked for public comment, but as of this writing no side guard rule has been adopted. Some carriers install side guards voluntarily. The absence of a side guard does not end the analysis: a side underride case usually focuses on why the truck was across the lane, how visible it was, and whether the driver made a safe move.

How underride crashes happen—and the truck’s role

• Stopped trucks without warnings. When a commercial vehicle stops on the traveled portion or shoulder of a highway (other than a necessary traffic stop), federal rules require the driver to turn on the hazard flashers immediately and place warning devices within 10 minutes (49 CFR 392.22).
• Poor visibility at night. Dirty or missing reflective markings and burned-out lights can make a trailer hard to see.
• Unsafe turns and crossings. A truck pulling across a highway or turning into a driveway may block lanes for long stretches. Indiana law requires drivers to turn or change lanes only when the movement can be made with reasonable safety (IC 9-21-8-24).
• Sudden slowdowns. A truck that slows sharply without adequate lighting or warning can be struck from behind.

Who may be responsible

• The truck driver, for unsafe stopping, turning, or lane changes, or for not using warning devices.
• The motor carrier, for driver conduct on the job and for inspection and maintenance of the guard, lights, and reflectors.
• The trailer owner or lessor, if it controlled maintenance.
• A repair shop that worked on the guard or lighting.
• The trailer or guard manufacturer, if a design or manufacturing defect made the guard fail. Product claims under Indiana law have a two-year filing deadline and a 10-year limit measured from delivery of the product to the first user (IC 34-20-3-1), so older trailers raise special issues.

The driver of the car may also be accused of fault. Under Indiana’s Comparative Fault Act, an injured person’s damages are reduced by his or her share of fault and are barred only if that fault is greater than the fault of everyone else combined (IC 34-51-2-6).

Evidence to preserve

• The trailer itself, including the rear guard, mounting hardware, lights, and reflective markings, before repair or salvage.
• Photos showing the guard’s condition, the trailer’s height, and the vehicle damage.
• Truck engine data, ELD records, and any camera video.
• Maintenance and inspection records for the trailer.
• Scene evidence about lighting, warning devices, and visibility.

Because equipment is often repaired or put back into service quickly, a preservation demand should be sent as soon as possible. See truck black box and ELD evidence.

Was someone you love hurt or killed in an underride crash? Call 1-800-265-9881 or use the free case review form. If the crash was fatal, see our page on Indiana wrongful death claims.

General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.