An underride accident is one of the most violent types of truck crashes on Georgia highways. A passenger car slides beneath a commercial truck’s trailer, the rear underride guard fails, and the top of the vehicle is sheared off as it continues forward into the rear tires. These accidents can result in traumatic brain injuries, spinal cord damage, and even fatalities.
At Jones & Swanson, our Marietta truck accident lawyers understand the weight you and your family are carrying after such a crash. Whether you are healing from catastrophic injuries or grieving a wrongful death. Our underride accident lawyers in Marietta will handle the legal side so you can focus on what matters.
We have over 50 years of combined experience, have recovered more than $50 million in damages for injury victims, and are committed to providing the personalized service you deserve. You are never just a case member when you work with us. We handle your case with the same care we offer to our own family.
Damages Our Underride Accident Lawyers in Marietta Will Pursue for You
An underride accident can leave you and your family with medical bills, income losses, and other challenges that trucking companies and the insurance company won’t want to compensate you for. Our Marietta personal injury lawyers understand this and will fight for what you deserve.
It’s our job to evaluate all your economic and non-economic losses and pursue full compensation on your behalf. Whether you’ve suffered catastrophic injuries or lost a loved one in a crash, we’ll fight for the damages you’re owed. Our underride accident lawyers in Marietta will seek the following forms of compensation for you:
- Current and future medical bills
- Property damage and vehicle repairs or replacement
- Physical therapy costs
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages, if your loved one passed away in an underride accident
Why Choose Our Law Firm
Few accidents change a family’s life like an underride truck crash. Cases like these require a Jones & Swanson Marietta underride truck accident lawyer to help. We will listen to your story, consider FMCSA regulations and federal records that other firms overlook, and keep showing up long after the initial calls have stopped.
That is the kind of firm Andrew W. Jones, M. Chase Swanson, and Rutledge W. Jones have built. Our attorneys have deep roots in Marietta and the surrounding Cobb County community. We have been handling personal injury claims here since 1995.
After an underride accident, we call on our own collision reconstruction experts to help build a strong case. We also take every case on a contingency fee basis, which means you never pay a fee unless we recover.
We Have a Deep Understanding of Underride Accident Claims
On the back of every trailer, there is an underride guard that hangs down beneath the trailer. This guard is designed to prevent a smaller vehicle from traveling beneath the trailer in the case of an accident. These bars are supposed to be able to withstand a certain amount of pressure. If they are defective or improperly installed, the results can be deadly.
An underride accident occurs when the truck driver comes to a stop or a slow speed, a vehicle crashes into the back of the trailer, and the guard bar fails to withstand the impact, allowing the vehicle to travel forward beneath the trailer.
Pursuing an underride case takes extensive experience. These wrecks often involve engineering questions, such as whether the guard bar met federal safety standards and whether it was properly installed. Our Marietta underride accident attorneys will bring in crash reconstruction and engineering experts to build your case.
Common Causes of Underride Accidents
Underride truck accidents share some common causes with other commercial truck crashes, but they can also result from factors specific to the trailer itself. Our underride accident lawyers in Marietta regularly investigate tractor-trailer underride collisions caused by the following:
- Defective, rusted, or improperly installed rear underride guards that fail under impact
- Missing or inadequate side underride guard bars, which are still not required under most FMCSA regulations
- Worn or missing DOT-required reflective markings
- Trailers stopped or broken down partially in a travel lane without flares
- Trailers traveling at sharply reduced speeds without hazard lights
- Cars riding in the truck’s rear blind spot, where the driver cannot see them
- Side-underride collisions caused by the truck changing lanes into a smaller vehicle hidden in a side blind spot
- Poor maintenance of trailer components, including guard mounts
- Truck driver negligence, including fatigue, distracted driving, or drunk driving
When a trailer manufacturer cuts corners on guard design, a trucking company skips required vehicle maintenance, or a truck driver makes an unsafe lane change without checking blind spots, the result can be catastrophic.
Our team will analyze the trailer’s inspection records, federal compliance reports, and collision reconstruction analysis to identify every party responsible. We’ll find out who is at fault and work to hold them liable for all your losses.
Evidence We’ll Use to Build Your Claim
Underride cases depend on important details that many other firms fail to consider. Our underride accident law firm in Marietta will conduct a thorough investigation of your crash and find the evidence required to hold the trucking company, the driver, or another party responsible for what you’ve been through.
Here is the kind of evidence our attorneys will gather and analyze:
- An engineering analysis of the rear and side underride guard bars
- Trailer manufacturer design specs
- DOT inspection history for the specific trailer and the trucking company’s broader fleet
- Black box and ECM data from the truck
- Post-crash drug and alcohol test results required under FMCSA regulations
- Trucking company maintenance and repair files for the trailer’s vehicle components
- Photos of the trailer, guard bar, and the crash scene
- Dash cam footage from the truck and any nearby vehicles
- Witness statements
- Testimony from expert witnesses, including collision reconstruction specialists and engineers
- Medical records tied to your catastrophic injuries
We will use these forms of evidence to create a clear picture of what went wrong and who is to blame. This kind of preparation will move your case forward, push insurance companies to offer what you’re owed, and allow us to pursue the damages and justice your family deserves.
Common Underride Accident Injuries
Underride crashes destroy the safety protections that vehicles are designed to provide. When the top of a car is sheared off as it slides under a truck’s trailer, those inside have no roof structure left to absorb the impact of the crash.
The injuries caused by these collisions are severe and often fatal. Our Marietta underride accident law firm has extensive experience working with individuals hurt in these types of crashes. We will work with medical professionals to document your injuries and estimate your care costs.
We’ll also connect you with doctors and medical providers who will treat you on a lien basis and wait to accept payment until we’ve recovered compensation to cover those costs. You can count on us to get the resources you need to treat and manage any of the following conditions caused by an underride accident:
- Traumatic brain injuries (TBIs)
- Spinal cord damage leading to partial or complete paralysis
- Severe facial and scalp injuries, including permanent disfigurement
- Crush injuries
- Internal organ damage
- Amputations
- Multiple compound fractures
- Severe lacerations
- Post-traumatic stress disorder (PTSD) and long-term psychological trauma
What to Do After an Underride Accident in Marietta
What you do after a truck crash can have a major impact on your claim and your ability to recover compensation. Our Marietta underride accident attorneys have handled many cases like yours in the past. We know what steps injury victims need to take to protect their safety and legal claims after these crashes.
We recommend that you take the following actions soon after a truck accident:
- Get emergency medical attention right away.
- Call 911 and request a police report.
- Take detailed photos of the trailer, the underride guard, the cab’s DOT number, and any other details that seem important.
- Write down the trucking company name and any visible markings on the cab or trailer.
- Ask the truck driver for their information and the name of their employer.
- Collect the names and phone numbers of anyone who witnessed the accident.
- Do not allow your damaged vehicle to be scrapped or repaired until our team has examined it.
- Don’t give a recorded statement to the trucking company’s insurance company before you’ve spoken to our attorneys.
- Do not post about the crash online.
- Save every medical bill, repair estimate, and document tied to the crash.
Who Can Be Held Liable After an Underride Crash?
There are many moving parts and entities that contribute to the safe operation of a commercial tractor-trailer. When an underride crash occurs, there could be multiple parties that are to blame.
Our Marietta underride accident attorneys will thoroughly investigate the accident, review all available forms of evidence, and work tirelessly to determine who should be held accountable for the pain, suffering, and financial losses you and your family have endured.
Any of the following parties could be held liable after an accident like yours:
- The truck driver, for sudden stops, unsafe lane changes, or other forms of truck driver negligence
- The trucking company, for negligent hiring or hours of service violations
- The trailer manufacturer, for defective rear underride guards
- The maintenance contractor, for poor maintenance that left the guard bar rusted or improperly mounted
- The cargo loader, for improper cargo loading or unsecured freight that affected how the truck’s performance on the road
- Other drivers whose negligence contributed to the collision
Statute of Limitations for Underride Accident Lawsuits in Marietta
If you or a family member has been hurt in a truck crash in Marietta, you must comply with Georgia’s statute of limitations for personal injury lawsuits. According to Georgia Code § 9-3-33, you have two years from the date of the incident to file a lawsuit for damages. The same deadline applies to wrongful death cases.
If you don’t take action in this period of time, you’ll be blocked from seeking the damages you need to cover medical bills, replace lost income, and get back on your feet. Our Marietta underride accident lawyers understand this statute and the other requirements that apply to your case.
If you reach out to our firm soon, we’ll have the time we need to meet this deadline and give you the best chance possible at recovering compensation. Schedule a free consultation with us today to learn more about the statute of limitations and get started on your case.
Schedule a Free Consultation With Our Trusted Underride Accident Attorneys in Marietta
We are not like the firms that advertise on TV and billboards that hand your case to a paralegal and forget your name. We are a smaller, hometown firm by choice, and we’re rooted in Marietta and Cobb County. We will travel to you if your injuries make it difficult to come to our office.
Call Jones & Swanson today to schedule your free consultation and let our team start pursuing the damages you and your family deserve.
We’ll meet with you to discuss your accident, answer any questions you have, and explain the steps our underride accident lawyers in Marietta will take to file a strong claim for you.
