Truck accidents are among the most devastating collisions on Florida’s highways. One particularly dangerous type is an underride accident, where a smaller vehicle slides under the side of a large commercial truck. These crashes often result in severe injuries or fatalities due to the height mismatch between cars and trailers. That’s where side underride guards come in. They are a safety feature designed to prevent such tragedies. But beyond their potential to save lives, side underride guards may also have significant legal implications in a Florida personal injury case.
Let’s break down what side underride guards are, their role in crash prevention, and how they could impact liability in a truck accident lawsuit.
What Are Side Underride Guards?
Side underride guards are steel bars or protective panels mounted along the sides of semi-trailers. Their purpose is to prevent smaller vehicles from sliding underneath the trailer during a collision. While rear underride guards are federally required, side guards are not yet mandated nationwide. However, some companies and municipalities, including parts of Florida, have begun voluntarily adopting them due to their proven safety benefits.
A study by the Insurance Institute for Highway Safety (IIHS) found that side underride guards significantly reduce fatalities in side-impact crashes with large trucks. With growing public pressure and proposed federal legislation like the Stop Underrides Act, this technology is gaining traction.
Florida Truck Accidents: The Liability Landscape
Florida follows a comparative negligence system, meaning multiple parties can share fault for an accident. When a commercial truck is involved, liability often centers around the trucking company’s compliance with federal and state safety regulations. Factors like driver fatigue, improper maintenance, or overloaded cargo are frequently investigated.
But what if a crash might have been prevented, or injuries reduced, if the truck had been equipped with side underride guards?
Can the Lack of Side Underride Guards Affect Liability?
In Florida, while side underride guards are not yet required by law, their absence could still influence liability in a personal injury case. Here’s how:
1. Negligence and Duty of Care
If a trucking company failed to install side underride guards despite industry knowledge of their safety benefits, a court might view this as a breach of their duty of care, especially if the crash involved a side underride scenario.
2. Foreseeability and Preventability
Personal injury claims often revolve around the idea that the injury was foreseeable and preventable. If evidence shows that side guards would likely have reduced the severity of the crash, the trucking company might be found partially liable for failing to take reasonable safety precautions.
3. Expert Testimony
In cases involving catastrophic injuries or wrongful death, expert witnesses can testify that the presence of side underride guards would have mitigated the impact. This can influence settlement negotiations or jury decisions, even if the guards aren’t legally required.
Legal Precedents and Trends
While Florida courts haven’t set a firm precedent holding companies liable for not having side underride guards, national trends suggest that could change. As more fleets adopt side guards voluntarily and federal proposals gain traction, what’s considered “reasonable safety standards” is evolving.
Victims of truck accidents in Florida should consult an experienced personal injury attorney who understands these nuances. Liability may hinge not only on what caused the accident, but also on what could have reasonably prevented it.
What to Do If You’re Involved in a Truck Accident
If you or a loved one has been injured in a truck accident, especially involving a side impact, it’s critical to:
- Document everything at the scene if it is safe to do so.
- Seek medical care immediately, even if injuries seem minor.
- Contact a Florida truck accident attorney who can investigate potential causes, including whether underride guards were present or missing.
Final Thoughts
Side underride guards may not be legally required on all Florida trucks yet, but their absence could still impact a truck accident lawsuit. As safety standards evolve, so do expectations for fleet operators. If you’ve been injured in a crash involving a commercial truck, speak with a personal injury lawyer who can fight for your rights and hold all responsible parties accountable.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
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