The Importance of Rear Underride Guards on Semi-Trucks

Rear-end collisions where passenger vehicles crash into the back of semi tractor-trailers have the potential to be some of the most harmful form of semi-truck accidents. Underride crashes can lead to passenger vehicles moving underneath a semi’s trailer in a rear collision, typically causing severe damage to the occupant compartment of a car with often fatal results.

One of the most famous instances of an underride crash was the tragic death of actress Jayne Mansfield. And the recent release of actress Mariska Hargitay’s documentary “My Mom Jayne” has brought the conversation of underride crash prevention back into the mainstream.

Underride Crashes and How Prevention Began

In June of 1967, Mansfield was in the front seat of a car with her attorney and chauffeur while three of her children slept in the backseat. Her chauffeur was driving them through the night to New Orleans when he unintentionally collided with the back of a semi-truck.

Unfortunately, the entire front of the vehicle was crushed beneath the semi’s trailer, resulting in Mansfield’s death, as well as her chauffeur and attorney. The children in the back seat survived with minor injuries. Mansfield’s eldest daughter and former husband filed wrongful death lawsuits following the accident, and while the semi-truck driver was found not liable for the crash, the accident sparked a conversation about the issue of underride crashes.

The National Highway Traffic Safety Administration (NHTSA) later suggested changes to the design of semi-trucks to prevent accidents of this nature in the future. Thus, the underride guard, sometimes known as the Mansfield bar, was created. Rear underride guards are steel bars that hang from the back of trailers on large trucks to prevent passenger vehicles from sliding underneath in the event of a rear-end collision.

Since underride accidents involve a vehicle wedging underneath a semi tractor-trailer, they can peel back the roof a vehicle and intrude/crush the passenger cabin. This leads to a bypassing of a car’s crumple zone and airbag deployment sensors, which can result in catastrophic head trauma, traumatic brain injury, and death.

Underride Guards Need Tighter Regulations

The NHTSA has found that deaths from underride crashes are a small percentage of all traffic fatalities, accounting for 1% of traffic deaths from 2008-2017, or 219 deaths from these collisions. But the U.S. Government Accountability Office (GAO) states these numbers may be underreported by the U.S. Department of Transportation (USDOT) due to variability in state and local data collection because of limited police reporting and lack of standardized terminology for these types of accidents.

While USDOT requires trailers to have a rear safety bar installed, it does not require them to be inspected. Although trailers are inspected annually, the Federal Motor Carrier Safety Administration (FMCSA) also does not require inspection of rear guards, so damaged ones that may fail are still on the roadways.

The NHTSA has also proposed strengthening these requirements and estimates that about 95% of all newly manufactured tractor-trailers already meet these standards, meaning older vehicles would need to have new underride guards installed to meet these criteria. Currently, 5 of the 8 leading trailer manufacturers use rear underride guards that qualify for the Insurance Institute for Highway Safety (IIHS) ToughGuard rating, which exceeds the proposed federal standard by preventing these crashes at 100, 50, and 30% overlaps at 35mph. Federal regulations currently only require trailers to have rear guards that can withstand the force of a rear-end collision, but the guards for single-unit trucks do not.

A set of crash tests performed by IIHS showed that many current underride guards are generally lacking in quality, specifically in offset crashes. It is vital for drivers to inspect rear and side underride guards to be sure they are working as intended. All it takes is a quick visual examination to see if the guards are clear of corrosion and installed correctly.

Guards that are corroded, improperly secured or broken could shatter or disintegrate upon impact. Injuries sustained in these crashes when the underride guards do not operate in accordance with the law are the legal responsibility of the company or organization that owns the truck. The drivers may also face fines for failing to properly install the equipment and maintain their trucks. Unfortunately, many truck drivers pay the minimal fine for this and move on without fixing the rear guards, resulting in these trucks remaining on the roads and posing a continued risk to drivers.

Final Thoughts

Underride collisions are deadly wrecks that can be prevented with the installation of underride guards on semi-tractor trailers. And while these fatalities are most often seen in rear-end collisions, there are still many instances where passenger vehicles slide under the side of a trailer and the front of a semi, causing catastrophic injuries.

Attorney David W. Craig, who is board-certified in truck accident law by the National Board of Trial Advocacy (NBTA), accredited by the American Bar Association, takes the stance that underride guards should be required on all areas of a semi-truck where underride crashes can occur. These wrecks are devastating to both survivors and the loved ones of those that are wrongfully killed as a result.

Our law firm, Craig, Kelley & Faultless, has handled rear underride guard cases. One case in particular was especially tragic. A woman who was also a mother of two was on her way to work in Kansas City, Missouri and driving on I-50 when a semi tractor-trailer pulled out of a gas station onto the highway. He was still getting up to speed when our client rear-ended the trailer. Her vehicle went underneath the trailer.

Although our client lived, she suffered a major brain injury. She was in a coma for weeks and will need 24/7 care for the rest of her life. Unfortunately, she no longer recognizes her own kids or husband. Our law firm sued the manufacturer of the underride guard claiming it was unsafe and did not meet the federal standards. In addition, we claimed that the truck driver and his employer were also neglectful. Part of the claim was settled and part of it went to trial in Missouri. Fortunately, enough money was obtained to make the client’s day-to-day life a little easier despite her catastrophic injuries.

Have You or a Loved One Been Injured or Wrongfully Killed in a Rear Underride Collision? Craig, Kelley & Faultless Can Help

Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. In addition to David W. Craig, Scott A. Faultless is board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team—including investigators, reconstructionists and mechanics—that is sent to the scene of a wreck to collect evidence as soon as the firm is hired.

Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.

Reach out for a free case consultation today at (800) 746-0226 or online.

 

David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.