A Georgia Truck Accident Lawyer Explains How to Prove Liability in These Complex Cases
By Attorney Drew C. Timmons
Trial Lawyer, Fried Goldberg, LLC
When a car crashes into the side or rear of a tractor-trailer and slides underneath, the result is often catastrophic.
These “underride” collisions are among the most devastating and complex truck accident cases we handle at Fried Goldberg LLC. They frequently lead to severe injuries or fatalities — and yet, many victims and families face an uphill battle trying to hold the trucking company accountable.
Here's why these crashes happen, what evidence can make or break a case, and how early investigation can determine whether negligence played a role.
What Is an Underride Collision?
An underride crash occurs when a passenger vehicle goes under a tractor-trailer during a collision. These wrecks can happen from behind (rear underride), from the side (side underride), or even from the front (override). Because the trailer’s frame sits higher than the hood of most cars, the impact often crushes the upper portion of the vehicle, putting occupants at extreme risk of serious or fatal head and neck injuries.
Despite these dangers, current federal regulations only require rear underride guards on trailers. The law — 49 C.F.R. § 393.86 — has not been expanded to include side-impact protection, leaving a major safety gap that continues to cost lives each year.
How Left-Turn Errors Cause Side Underride Crashes
One of the most common scenarios we see involves a tractor-trailer making a left turn across multiple lanes of traffic. When a truck driver misjudges how much time it will take to clear the intersection or stops while blocking traffic, an approaching driver may have no time or visibility to avoid a collision.
Under both the CDL manual and federal trucking regulations, drivers are explicitly instructed not to begin crossing unless they are certain the roadway can be cleared safely. A thorough investigation into these cases often includes:
- A time-and-distance analysis showing how far the approaching vehicle was when the truck started its turn.
- Sightline assessments from the truck driver’s perspective to determine what could realistically be seen from the stop line.
- Speed calculations comparing how long it would take the passenger car to reach the intersection versus how long it would take the truck to clear it.
This data can provide a clear mathematical demonstration of driver error, one of the strongest forms of liability evidence in court.
Why Visibility Is a Central Issue in Underride Cases
Many underride collisions occur at night or under low-visibility conditions, such as fog, rain, or glare from the setting sun. In those moments, even a cautious driver may not see a trailer stretched across the road until it’s too late.
However, proving limited visibility takes more than simply noting that it was dark or foggy. Investigators must determine the exact lighting conditions at the time of the crash. Accident reports may not be accurate to the minute, and lighting changes rapidly around sunrise or sunset.
A strong investigation often relies on:
- 911 call logs and timestamps to establish precise timing.
- Truck or passenger-vehicle data (e.g., OnStar or crash notification systems).
- Body-cam or dash-cam footage showing ambient lighting.
- Site visits and photographs taken at the same time of day as the wreck.
Recreating the scene under identical conditions can reveal what the truck driver could reasonably see and how visible the trailer truly was.
How Trailer Inspections Can Reveal Hidden Violations
Even when a crash appears to result from poor visibility, mechanical and maintenance issues often play a role. The Federal Motor Carrier Safety Regulations (49 C.F.R. § 393.11) require trailers to have reflective tape and functioning lamps along the sides.
If those lights were out, obscured, or missing, the trucking company can face liability for negligent maintenance, while the driver may be responsible for failing to perform the required pre-trip inspection under §§ 396.11 and 396.13.
Quickly inspecting the truck after the crash is critical. Once repairs begin, evidence of faulty lighting or missing reflectors can disappear, closing off a key avenue for proving negligence.
Why These Cases Are So Aggressively Defended
Trucking companies and insurers often fight underride claims harder than other types of truck cases. They may argue that the car driver was speeding, following too closely, or failed to brake in time. Some may even claim the crash was unavoidable due to weather or visibility.
But those arguments fall apart when evidence shows the truck was blocking the road, poorly lit, or operated without proper safety checks. That’s why victims need an attorney who understands how to expose these defenses and identify every regulatory failure that contributed to the crash.
Fried Goldberg’s Approach to Underride Collision Cases
Our firm has represented clients in some of the most complex truck accident cases nationwide, including those involving side and rear underrides. We know how to secure electronic data, reconstruct crash timelines, and hold drivers and companies accountable for unsafe decisions.
From inspecting trailers and reviewing driver logs to consulting engineering experts, we take a detailed, methodical approach that has helped families across the country recover meaningful results after devastating underride crashes.
If you or a loved one has been injured or lost someone in an underride collision, we can help you pursue justice and financial recovery. Contact Fried Goldberg LLC today for a free consultation.
"Few lawyers can possess the ability to know the amount of information this team knows and also to fully understand the art of how to present to juries around the country. Joe Fried and his team do exactly this, time and time again. It's remarkable what they have studied, executed, and earned for themselves and thus their clients." - Eric G., ⭐⭐⭐⭐⭐