Beverly Law — Accident AttorneysBEVERLY LAW CAR AND TRUCK ACCIDENT ATTORNEYS

Underride truck crash claims

Beverly Law
Published by Beverly Law
Trial attorney · English y Español · (310) 552-6959
Yes, you can usually bring a claim after an underride crash, where a car slides under the back or side of a trailer. The truck driver and the trucking company are often responsible, and the trailer’s owner or maintenance shop may share fault if a rear guard was damaged or missing. In California the trucking company is generally liable when its driver was on the job (CACI No. 3700). These crashes cause severe injuries, so the evidence and the deadlines deserve attention right away.

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What an underride crash is

In an underride crash, a car goes under the trailer instead of hitting a bumper. The trailer bed often strikes the windshield and roof, which is why these crashes so often cause head, neck and spinal injuries or death. Rear underride usually happens when a truck stops suddenly or sits stopped without lights. Side underride often happens during turns or lane changes.

Many trailers have a rear guard meant to keep cars from sliding underneath. Whether a guard was present, whether it was damaged and whether it held up in the crash are questions for inspection. Our page on wide right turn truck accidents covers one common way side underride happens. Lighting, reflective tape and the time of day also matter, because a dark trailer is hard to see at night.

Who may be responsible

The truck driver may be at fault for stopping without warning, parking in a travel lane, turning across traffic or changing lanes without checking a blind spot. See truck blind spot crashes. When the driver was working, the trucking company is generally liable for the driver’s negligence. The company’s training, dispatch schedule and safety record can also become part of the claim.

The trailer’s owner, a leasing company or a repair shop may share fault if a rear guard or lights were broken and not fixed. Carriers must keep a qualification file on each driver (49 C.F.R. 391.51), and the FMCSA publishes each carrier’s inspection and out-of-service data (FMCSA SAFER). Those records can show what the company knew about its equipment and drivers.

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Evidence to save quickly

The trailer itself is the most important piece of evidence. It can be repaired, sold or scrapped soon after a crash, so a lawyer should send a written request to preserve it right away. Photos of the guard, the trailer’s lights and reflective tape, and the damage to your car help show how the crash happened.

Engine data, dashcam video and electronic logs show the truck’s movements before the impact. Federal rules require carriers to keep drivers’ duty status records for six months (49 C.F.R. 395.8). Read truck black box and dashcam evidence for what those devices record. Toll records, phone records and the driver’s delivery schedule can fill in gaps the truck’s own data leaves open.

What to do now

Get emergency care and follow every treatment plan. If you can, or if a family member can, photograph the trailer’s rear and sides, the guard, the lights and the scene. Get witness names and numbers, the police report number and every claim number. If a loved one was killed, see when a family member is killed by a semi truck.

Do not sign a release or give a recorded statement to the trucking insurer before talking to a lawyer. Keep receipts and records of missed work. In California the general deadline to file an injury lawsuit is two years (Code of Civil Procedure 335.1). In Washington it is generally three years (RCW 4.16.080).

How Beverly Law can help

We move quickly to preserve the trailer and the truck’s records, and we bring in independent engineers to inspect the guard and the trailer when needed. We also check every insurance policy in play. Interstate for-hire carriers hauling ordinary freight must carry at least $750,000 in liability coverage (49 C.F.R. 387.9).

You owe no fees or costs unless we win. Learn more on our California truck accident lawyer page. You can call us, or a family member can call for you, and our team speaks Spanish. The first conversation is free. Call (310) 552-6959 or use the form on this page.

Common questions

Who is liable when a car goes under a semi trailer?

Often the truck driver and the trucking company, and sometimes the trailer’s owner or a repair shop if a guard or lights were damaged. Fault depends on how the truck was stopped or moving and on the condition of the trailer. The trailer should be inspected before it is repaired.

What if the truck was parked when I hit it?

You may still have a claim. A truck parked in a travel lane, on a dark shoulder or without working lights and reflectors can create a hazard. Your own share of fault, if any, reduces the amount under California’s comparative fault rule (Li v. Yellow Cab Co.) but does not bar recovery.

How soon should the trailer be inspected?

As soon as possible. Trailers are often repaired or put back into service quickly. A lawyer can send a written request asking the carrier to keep the trailer as it is so an independent engineer can inspect the guard and frame.

Are underride injuries worth more than other truck crash injuries?

Value depends on the injury and its effect on your life, not the type of crash. Underride crashes often cause serious head and spine injuries, which mean higher medical bills, future care and lost income. Insurance limits and evidence also affect the outcome.

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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.

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Related pages

Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions

Sources

  1. CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
  2. 49 C.F.R. § 391.51(a)-(b)
  3. FMCSA SAFER Company Snapshot; FMCSA SMS; FAST Act of 2015, Pub. L. 114-94, § 5223
  4. 49 C.F.R. § 395.8(k)(1)
  5. Cal. Code Civ. Proc. § 335.1
  6. RCW 4.16.080(2)
  7. 49 C.F.R. § 387.9, Table 1
  8. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405

Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.

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