Rear-end vehicle collisions can often lead to severe or life-threatening injuries and cause worry for victims and their families. Safety bars inside a vehicle are designed to reduce the risk of severe harm; however, when they fail to function properly, they result in serious consequences. Understanding how faulty safety bars contribute to injuries and your legal options when an accident occurs is crucial to maintaining your overall health and well-being moving forward.
What Are Rear Underride Guards?
Rear underride guards are metal bars attached to the back of large trucks and trailers. If a rear-end collision were to occur, these safety bars are meant to stop a smaller vehicle from traveling underneath the truck's trailer. However, when these safety bars begin to malfunction, the upper portion of a passenger's vehicle can be crushed, ultimately causing severe or life-threatening injuries.
How Safety Bar Failures Occur
The following are common ways a safety bar failure can occur inside a truck, causing serious accidents and chronic health concerns for victims.
1. Design Defects - A safety bar may be inherently defective if it is not produced to maintain safety for the passenger.
2. Manufacturing Defects - Even if a safety bar is properly designed, errors during the manufacturing process, including improper welding, can weaken the overall structure and cause it to malfunction.
3. Installation Issues - Safety bars that are improperly installed can also compromise the effectiveness and ability to keep individuals safe. If the safety guard is not securely attached to the truck, it may disconnect or fail when a vehicle collision occurs.
4. Lack of Maintenance or Inspection - Over time, wear and tear, corrosion, or previous damage may weaken a safety bar. Trucking companies are often responsible for maintaining their vehicles to ensure they are not malfunctioning or defective.
The Consequences of Underride Accidents
The following is a list of consequences that may occur when a safety bar fails and a rear-end vehicle collision occurs.
- Traumatic brain injuries
- Spinal cord injuries
- Severe facial and upper body trauma
- Fatal injuries
Understanding the necessary steps to take when being involved in this type of accident is crucial to maintaining your safety moving forward.
Legal Theories in Claims Against Truck Manufacturers
Oftentimes, individuals injured in a rear-end crash involving a faulty underride guard may consider pursuing a product liability claim against the truck or part manufacturer. These claims may fall into the following categories.
- Design Defect Claims
- Manufacturing Defect Claims
- Failure to Warn
An attorney can help victims understand the specific categories listed above and help them make informed decisions on the ways to move forward after a vehicle collision has occurred.
Evidence That May Be Relevant
The following is crucial evidence that may be taken into consideration when building a claim involving a faulty safety bar. These may include, but are not limited to, the following.
- Accident reports and photographs of the scene
- Vehicle damage assessments
- Maintenance and inspection records
- Manufacturer specifications and testing data
It may be necessary to preserve the evidence listed above to help investigators and the court understand what happened during the initial accident, in addition to determining potentially responsible parties. An attorney can help maintain the necessary records to help victims with their personal injury case.
Who May Be Responsible?
The following parties may be held accountable after a vehicle collision has occurred involving faulty safety bars.
- The truck or trailer manufacturer
- The manufacturer of the underride guard itself
- The trucking company is responsible for maintenance
- Third-party maintenance providers
Every case is different, so speaking to an attorney can help you understand the legalities of your personal injury claim to ensure you are making informed decisions throughout the legal process.
Steps to Take After a Rear-End Truck Accident
Taking the necessary steps after suffering injuries from a rear-end truck accident can help decrease the risk of further harm from occurring. The following is a list of important steps that should be considered after a vehicle collision occurs.
- Seek medical attention promptly
- Document the accident scene if possible
- Obtain contact information from witnesses
- Request a copy of the police report
- Avoid making detailed statements before understanding the entirety of your situation
- Keep records of medical treatment and expenses
Why Legal Guidance May Be Helpful
Seeking legal guidance and support when suffering injuries from a rear-end vehicle collision caused by faulty safety bars is crucial to helping decrease any additional harm that may occur. These cases can be challenging for victims and their families, so it may be helpful to speak to a legal professional who can explain applicable laws and determine potentially liable parties.
How KAASS LAW Can Help
The experienced personal injury attorneys of KAASS LAW understand the challenges drivers may face when dealing with faulty safety bars inside their vehicles. An attorney can help you by evaluating your case, speaking to insurance companies, and guiding you throughout the legalities of your personal injury claims. Call KAASS LAW today to learn more.