Underride Accidents
When a car crashes into a semi-truck and slides underneath, the consequences are almost always devastating. These underride collisions involve extreme force, extensive damage, and a high risk of death. Families are left reeling, unsure of how such a tragedy could happen, and unsure of what to do next. At a time when everything feels stacked against the victim, the trucking company and its insurers already have teams working to limit their responsibility. That’s when an experienced Iowa truck accident lawyer steps in, not just to handle the legal work, but to stand up for victims during one of the most difficult times of their lives.
Iowa Underride Accident Lawyer
McCarthy & Hamrock represents people injured in commercial truck accidents due to improper truck maintenance in Des Moines, Polk County, and throughout the state of Iowa. Call our firm at 515-279-9700 to request a free consultation to discuss your injuries and potential claims for compensation. Our firm works on a contingency fee basis for personal injury cases, which means you don’t pay us any legal fees. Instead, our firm gets a percentage of the settlement or verdict or “contingency fee” upon achieving a victory in your case. Learn more about underride accidents in Iowa, outlining victims’ legal rights, the kinds of compensation they may be entitled to, and the vital role an underride accident attorney plays in pursuing justice and financial recovery on their behalf.
Overview of Underride Accidents in Iowa
- Types of Underride Accidents That Happen in Iowa
- Common Injuries From Underride Truck Accidents in Iowa
- Underride Crash Statistics
- Who Is Legally Responsible for an Underride Crash in Iowa
- What an Iowa Underride Accident Lawyer Does to Help Victims and Families
- Frequently Asked Questions About Iowa Underride Accidents
- Resources
Types of Underride Accidents That Happen in Iowa
Rear Underride Collisions — These happen when a smaller vehicle such as a car crashes into the back of a commercial truck and slides under it. The entire top of the car can be sheared off, often resulting in catastrophic or fatal injuries. Rear underride crashes are especially deadly when the truck stops suddenly or is poorly lit at night. Federal regulations (49 CFR § 571.224) require trucks to have properly installed and maintained rear underride guards. If those guards are missing, damaged, or don’t meet safety standards, Iowa truck operators may still face liability under state negligence laws.
Side Underride Collisions — These crashes happen when a car travels under the side of a trailer, usually when a truck is turning across traffic, pulling into a road, or backing into a loading zone. The driver of the smaller vehicle may not see the trailer until it’s too late, especially at night or in bad weather. Side underride guards are not required by Iowa law or federal regulation, making these crashes particularly dangerous. Still, a trucking company in Iowa may be held responsible if it failed to use reflective tape or hazard lighting, which is required under Iowa Code § 321.384 for visibility.
Offset Underride Collisions — In this type of accident, the smaller vehicle only partially slides under the trailer, usually clipping the corner or edge. The result is often a mix of underride injuries and direct impact trauma.
Underride Crashes From Guard Failure — These are not caused by the absence of a guard but by the failure of a guard that was present but defective. The guard may have been installed improperly, weakened by corrosion, or failed to meet minimum strength standards.
Multiple-Vehicle Underride Accidents — These often occur during chain-reaction crashes, such as in icy or foggy weather on Iowa interstates. A car may be pushed into a trailer by another vehicle, triggering an underride that the victim couldn’t avoid. Accident reconstruction experts are usually necessary to sort out how the collision unfolded.
Common Injuries From Underride Truck Accidents in Iowa
Severe Head and Brain Trauma — One of the most devastating outcomes of an underride accident is a traumatic brain injury. When a car slides under a trailer, the impact often crushes the roof of the vehicle into the occupants’ heads. Victims may suffer skull fractures, brain swelling, or permanent cognitive damage. These injuries are common even when airbags deploy.
Spinal Cord Injuries and Paralysis — Spinal damage from an underride crash can lead to full or partial paralysis. These injuries usually occur when the spine absorbs the vertical pressure from the trailer crushing the vehicle’s cabin. In some cases, the spinal cord is severed on impact. Victims may lose the ability to walk, use their hands, or live independently.
Crushing Injuries and Amputations — Because underride crashes involve a small vehicle being compressed under a large truck, crushing injuries to limbs and torsos are common. Victims may be pinned in their cars and require amputation to survive.
Facial Disfigurement and Skull Fractures — Injuries to the face and skull happen when the trailer crushes the windshield and dashboard area. Victims may suffer broken jaws, lost teeth, or facial burns from airbag deployment or fire. Reconstructive surgery may be necessary, but scarring and disfigurement can be permanent
Internal Injuries and Organ Damage — The force of an underride impact can cause blunt trauma to the chest or abdomen, damaging vital organs like the lungs, liver, or kidneys. These injuries are not always immediately visible and often require emergency surgery.
Burn Injuries — Fires can break out during underride crashes due to fuel line ruptures or electrical sparks. Victims may suffer second- or third-degree burns, which can lead to infections, long-term disability, and the need for skin grafts.
Underride Crash Statistics
Underride crashes are some of the most violent and deadly traffic accidents, yet they remain widely misunderstood and underreported. According to a 2021 analysis by FRONTLINE and ProPublica, over 400 people died in underride crashes that year alone. However, experts believe the actual number is likely much higher. The U.S. Government Accountability Office (GAO), in its 2019 report, found that underride fatalities are almost certainly undercounted because many states don’t have a specific field for underride crashes on their police report forms.
Who Is Legally Responsible for an Underride Crash in Iowa
Truck Drivers — When a truck operator brakes suddenly, makes an unsafe turn, or leaves a trailer unlit at night, the driver may be held responsible for a resulting underride crash. Iowa law requires drivers to operate vehicles in a safe manner.
Trucking Companies — A trucking company can be liable if its employee caused the crash during work hours. In addition, under Iowa Code § 321.430, companies are responsible for making sure their vehicles, including underride guards, are in safe mechanical condition. If a guard was defective, missing, or never installed, the company may be held accountable for negligent maintenance or equipment violations.
Trailer Owners and Maintenance Providers — Sometimes the trailer is owned or serviced by a third party. If that party failed to inspect or repair a damaged underride guard, or ignored Iowa safety inspection requirements, they could share responsibility. Maintenance companies may be held liable under common law negligence if their oversight contributed directly to the accident.
Trailer Manufacturers — A trailer with a faulty underride guard—or one that lacks a guard when reasonably expected to have one—could lead to a product liability claim. Iowa recognizes strict liability in defective product cases. If the trailer was sold or maintained in a way that violated safety norms or industry standards, the manufacturer or distributor could be sued under Iowa Code § 668.12.
Other Drivers or Third Parties — In multi-vehicle underride crashes, another vehicle may push the victim’s car into the truck. In such cases, liability may be divided among multiple drivers under Iowa’s comparative fault rule found in Iowa Code § 668.3. Courts may assign partial fault based on each party’s conduct in the moments leading up to the crash.
Government Agencies — Although rare, local or state agencies may bear some responsibility if poor road design, missing signage, or lack of street lighting created conditions that made an underride crash more likely. In such cases, notice requirements under Iowa Code § 669.5 must be met before filing a claim against a government body.
What an Iowa Underride Accident Lawyer Does to Help Victims and Families
An underride accident involves violent impacts, catastrophic injuries, and very often, fatalities. A lawyer who handles underride accidents in Iowa must understand not just basic negligence law, but also the complex details of commercial trucking, equipment failure, and forensic accident reconstruction. Unlike a typical personal injury claim, an underride case may involve multiple defendants—including the truck driver, the company that owns the trailer, and even the manufacturer of a defective guard. An experienced Iowa attorney evaluates the full chain of responsibility and determines whether safety violations, improper maintenance, or noncompliance with the law contributed to the crash.
The lawyer also takes on the insurance companies. In many underride cases, insurers quickly deny responsibility or offer settlements that fail to reflect the seriousness of the injuries. A truck accident attorney gathers black box data, maintenance logs, and expert opinions to demand full compensation. This includes damages for medical bills, future care, pain and suffering, and loss of income. In fatal underride crashes, the lawyer may also file a wrongful death lawsuit on behalf of surviving family members, seeking damages under Iowa Code § 633.336 for loss of consortium, funeral costs, and the decedent’s future earnings. These claims require strategic timing and knowledge of Iowa’s two-year statute of limitations (Iowa Code § 614.1). Without an experienced truck accident lawyer, victims risk losing out on the full justice and compensation they are entitled to receive under Iowa law.
Frequently Asked Questions About Iowa Underride Accidents
What is an underride truck accident?
An underride accident happens when a smaller vehicle crashes under the trailer of a large truck.
Are underride accidents always fatal?
Not always, but they often cause fatal or life-changing injuries due to crushing impact.
Do Iowa laws require trucks to have side guards?
No, side guards are not currently required by Iowa law or federal law.
What if the truck didn’t have working lights?
If a truck lacked lights or reflectors, it may violate Iowa Code § 321.384 and be liable.
Can someone sue if their family member died in an underride accident?
Yes, a wrongful death claim can be filed under Iowa Code § 611.20.
How much time is there to file a lawsuit?
In most cases, victims have two years under Iowa Code § 614.1(2) to bring a claim.
Can the trailer manufacturer be sued for a faulty guard?
Yes, Iowa product liability laws may apply if the guard failed and caused harm.
Do all lawyers handle underride accident claims?
No, these cases are highly specialized and require knowledge of trucking and product safety laws.
Will insurance cover injuries from an underride crash?
Insurance might apply, but companies often deny or limit payouts unless challenged legally.
How much does it cost to hire a lawyer?
Most Iowa personal injury lawyers work on contingency, meaning no upfront cost unless they win.
Resources
PBS FRONTLINE — What Is an Underride Crash and Why Is It So Dangerous? — This article explains what underride crashes are, how they happen, and why they are dangerous. It includes personal stories, insights from safety experts, and information on crash reporting challenges. The piece also discusses regulatory gaps and efforts to improve truck safety measures to prevent underride collisions.
Iowa Department of Transportation — Investigating Officer’s Crash Reporting Guide: Underride/Override — This guide explains how law enforcement officers should identify and report underride and override crashes. It defines key terms and lists codes to describe the presence and type of underride or override in a crash. The guide is used to support national data collection and research on vehicle compatibility and safety.
National Library of Medicine — Estimating Side Underride Fatalities Using Field Data — This study reviews side underride fatalities using federal and state crash data. It compares recorded data with manual reviews of crash reports to estimate the underreporting of underride crashes. The study also analyzes trends, crash characteristics, and the severity of injuries in underride events involving combination trucks and light vehicles.
Hire an Underride Accident Attorney in Des Moines, Iowa
If you were injured in an Underride accident in Des Moines, Iowa, hire a skilled, experienced personal injury attorney to fight for you. The lawyers at McCarthy & Hamrock, P.C. have more than seven decades of combined legal experience. We represent accident victims the Des Moines area, including Polk County, Dallas County, Story County, Warren County, Marion County, Mahaska County, Adair County, Madison County, and throughout the state of Iowa.
We will seek just compensation for your injuries and help you recover what you have lost. We are not afraid to take on trucking companies and their insurance companies in order to obtain a satisfactory settlement. We are also experienced trial attorneys and we are prepared to go to court if necessary to get justice for you. Call us today at (515) 279-9700 to schedule a consultation.