Underride truck accidents are among the deadliest crashes on American roads, killing or catastrophically injuring an estimated 400 to 500 people per year according to the Insurance Institute for Highway Safety (IIHS). An underride crash occurs when a passenger vehicle slides beneath the body of a truck trailer, shearing off the vehicle's roof and crushing the passenger compartment. Survivors of underride collisions in New York face settlements ranging from $250,000 to over $5 million, and the majority of these cases involve wrongful death claims. Federal regulations under 49 CFR §393.86 require rear underride guards on most trailers, but side underride guards remain voluntary despite accounting for a significant percentage of underride fatalities. New York's pure comparative negligence law (CPLR §1411) allows injured victims and surviving families to recover compensation from every at-fault party, including the truck driver, trucking company, and trailer manufacturer.
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Underride cases require proving that the crash was survivable if the truck had been equipped with proper underride protection, or that the existing guard failed to perform as required by federal standards. Porter Law Group has recovered more than $500 million for injured clients since 2009, with published jury verdicts showing 20x to 34x multipliers over pre-trial offers. Led by Harvard-educated attorney Michael S. Porter, a former U.S. Army JAG Corps Captain with over 20 years of trial experience, the firm retains engineers who analyze underride guard specifications, impact dynamics, and manufacturer compliance with federal crash performance standards. Seven of eight attorneys are recognized by Super Lawyers, a distinction earned by fewer than 5% of New York attorneys.
"Every underride death is preventable. The technology to stop underride crashes has existed for decades. Side guards, stronger rear guards, and high-visibility conspicuity tape save lives in every country that mandates them. When a trucking company or trailer manufacturer chooses not to install proven safety equipment, and someone dies as a result, that is not an accident. That is a decision with consequences." Michael S. Porter, J.D., Porter Law Group
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Underride crashes happen when a smaller vehicle's hood slides beneath the elevated body of a truck trailer, bypassing the vehicle's front or side crumple zones entirely. Because the trailer body sits 4 to 5 feet above the road surface, the impact strikes the passenger compartment at windshield height or above, shearing off the roof and crushing occupants. The vehicle's airbags, bumper reinforcement, and crash structure are rendered useless because the collision occurs above the engineered impact zone.
Rear underride occurs when a vehicle strikes the back of a stopped, slowing, or slow-moving truck trailer. The vehicle slides underneath the trailer's rear end. This pattern is common on highways when a truck is stopped on the shoulder without adequate warning reflectors, when a truck is slowing in heavy traffic and the following vehicle cannot stop in time, or when a truck pulls onto the highway from a side road at low speed. Rear-end truck accidents that involve underride produce fatality rates far higher than standard rear-end collisions.
Side underride occurs when a vehicle strikes the side of a truck trailer, typically at an intersection or when the truck crosses traffic lanes. The gap between the truck's wheels and the trailer body creates an opening that the vehicle slides through. Side underride is especially deadly because the passenger vehicle enters the gap perpendicular to the trailer, exposing the driver or passenger side directly to the trailer's bottom edge. T-bone truck accidents at intersections frequently involve side underride when the truck runs a red light or fails to yield.
Offset underride occurs when only part of the vehicle slides under the trailer, typically one corner. This happens during lane change collisions and blind spot sideswipe crashes where the angle of impact pushes one side of the vehicle beneath the trailer. Offset underride is the most difficult scenario for rear guards to prevent because the impact occurs outside the guard's coverage area.
| Factor | Rear Underride | Side Underride |
| How it happens | Vehicle strikes the back of a stopped or slow-moving trailer | Vehicle strikes the side of a trailer at intersections or during lane crossings |
| Federal guard requirement | Required on most trailers under 49 CFR §393.86 | Not required under federal law (voluntary only) |
| Guard effectiveness | IIHS testing shows modern guards prevent underride in most full-width impacts | Side guards prevent or reduce underride severity when installed, but most trailers lack them |
| Fatality rate | Extremely high; roof shearing is common | Extremely high; perpendicular impact to passenger compartment |
| Manufacturer liability | Yes, if the guard failed to meet federal performance standards | Yes, if the manufacturer failed to install available side protection |
| Common New York scenarios | Highway shoulder stops, slow-moving trucks on rural routes, construction zones | Intersection crossings in NYC, upstate two-lane highway crossings |
Learn more about override truck accidents. | Learn more about rear-end truck accidents.
The truck driver bears liability for creating the underride hazard. A driver who stops on a highway shoulder without deploying reflective triangles, who fails to activate hazard lights on a slow-moving vehicle, or who crosses traffic lanes without yielding has created the conditions for an underride crash. Distracted truck drivers and fatigued drivers who park in unsafe locations or react slowly to intersection signals are frequent causes of underride collisions.
The trucking company bears direct liability for maintenance and equipment failures. Carriers must maintain rear underride guards in compliance with 49 CFR §393.86 and ensure conspicuity tape (reflective markings) on the trailer's rear and sides is visible and intact. When a carrier fails to maintain these safety features, or fails to equip trailers with available side underride protection, the company is directly negligent. Learn more about trucking company negligence.
The trailer manufacturer faces strict product liability. If the rear underride guard failed during the crash, the manufacturer is liable for a defective product. IIHS crash testing has demonstrated that many older rear guards fail in offset and partial-overlap crashes, even though technology exists to build guards that withstand these impacts. Manufacturers who continue selling trailers with guards that fail known crash scenarios face product liability claims. Learn more about trucking company liability.
Government entities may share liability. Intersections without adequate sight lines, roads without center barriers that allow trucks to cross traffic lanes, and highway construction zones without proper warning signs can all contribute to underride crashes. Claims require a Notice of Claim within 90 days under General Municipal Law §50-e. New York's comparative negligence system (CPLR §1411) allows recovery from each at-fault party.
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Economic damages cover medical expenses, lost wages, loss of earning capacity, and vehicle replacement. Because underride crashes bypass the vehicle's safety structure entirely, injuries are consistently catastrophic. Traumatic brain injuries from roof shearing generate lifetime care costs exceeding $2 million. Spinal cord injuries range from $1.2 million to $5.1 million. Amputation injuries from the trailer edge striking the passenger compartment exceed $2 million in lifetime costs.
Non-economic damages cover pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. New York places no cap on non-economic damages. Wrongful death claims under EPTL §5-4.1 typically settle between $1 million and $10 million. Punitive damages may apply when the carrier knowingly operated a trailer with a damaged or non-compliant underride guard, or when the manufacturer continued selling trailers with guards that failed established crash tests.
Porter Law Group's published results include 53 cases at or above $1 million, anchored by a $17.8 million settlement and a $13.5 million jury verdict.
$5,700,000 Settlement: 52-year-old man suffered a lower extremity amputation in a commercial trucking accident. Porter Law Group established liability through driver logbook violations and secured a settlement covering lifetime prosthetic costs and lost earning capacity.
$3,400,000 Jury Verdict: 40-year-old man sustained a traumatic brain injury in a vehicle collision. The insurer offered $100,000. Porter Law Group secured $3.4 million, a 34x increase over the pre-trial offer.
Every case is different. Past results do not guarantee future outcomes.
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Standard deadline: 3 years. Most underride accident claims must be filed within 3 years under CPLR §214. However, the trailer and its underride guard are critical physical evidence that must be preserved before the carrier repairs, modifies, or scraps the equipment.
Government entities: 90 days. If intersection design, missing center barriers, or construction zone failures contributed to the crash, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e.
Wrongful death: 2 years. The estate has 2 years from the date of death under EPTL §5-4.1. Given the extremely high fatality rate in underride crashes, wrongful death claims are involved in the majority of these cases. Minors' claims are tolled until age 18.
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1. Call 911 immediately. Underride crashes are medical emergencies. Do not attempt to move injured occupants because the vehicle's compromised structure creates a high risk of secondary injury from movement.
2. Document the underride damage. If you are able, photograph the passenger vehicle's position beneath the trailer, the underride guard (or its absence), the trailer's conspicuity tape condition, the truck's DOT number, carrier name, and license plate.
3. Photograph the underride guard specifically. The guard's condition after the crash is critical evidence. Photograph whether the guard bent, broke, detached, or was missing entirely. Note whether the guard covered the full width of the trailer or left gaps at the sides.
4. Seek emergency medical treatment. Underride impacts cause traumatic brain injuries, spinal cord compression, facial reconstruction injuries, and crush trauma that require immediate trauma center evaluation.
5. Do not allow the trucking company to repair or remove the trailer. The trailer and its underride guard are physical evidence. Inform your attorney immediately so a spoliation letter can be sent demanding the carrier preserve the trailer in its post-crash condition.
6. Contact a truck accident lawyer immediately. An attorney can send spoliation letters within 24 hours, retain engineering experts to inspect the underride guard, and file preservation demands for ELD data and dashcam footage. Porter Law Group offers free consultations on a contingency-fee basis.
Porter Law Group represents underride accident victims and surviving families throughout New York State. Headquartered in Syracuse with a statewide practice, the firm handles claims in every county and jurisdiction in New York, including Syracuse, New York City, Buffalo, Rochester, Albany, Yonkers, White Plains, Utica, Binghamton, and Long Island.
Call (833) PORTER-9 to speak with an experienced truck accident attorney who handles underride collision cases in your area.
An underride accident occurs when a passenger vehicle slides beneath the elevated body of a truck trailer, bypassing the vehicle's crumple zones and airbags entirely. The trailer body strikes the passenger compartment at windshield height or above, shearing off the roof or crushing occupants. Underride crashes have an extremely high fatality rate because the vehicle's engineered safety features cannot protect occupants when the impact occurs above the bumper and hood. Learn more about all types of truck accidents.
Underride accident settlements in New York typically range from $250,000 for surviving victims with catastrophic injuries to over $5 million, with wrongful death claims regularly exceeding $2 million. The value depends on injury severity, whether the crash was fatal, the number of liable parties, and whether the trailer lacked required rear guards or available side guards. Product liability claims against the trailer manufacturer often increase the total recovery because the manufacturer carries separate insurance from the trucking company.
No. Federal law requires rear underride guards on most trailers under 49 CFR §393.86, but side underride guards are not required under current federal regulations. The Stop Underrides Act has been introduced in Congress multiple times to mandate both rear and side guards meeting modern crash performance standards, but has not yet been enacted. The absence of a legal requirement does not prevent a negligence or product liability claim; when proven technology exists to prevent a death and the manufacturer or carrier chooses not to install it, that decision can support liability at trial.
The truck driver, trucking company, and trailer manufacturer may all share liability depending on the circumstances. The driver bears fault for creating the underride hazard (stopping unsafely, crossing traffic, failing to use reflectors). The carrier bears fault for maintenance failures and failing to install available safety equipment. The manufacturer faces strict product liability if the rear guard failed during the crash or if the trailer lacked side protection. Learn more about third-party liability.
An underride crash occurs when a smaller vehicle slides beneath a truck trailer, while an override crash occurs when a truck climbs over a smaller vehicle from behind. Both are catastrophic because they bypass the smaller vehicle's safety structure. Underride typically involves the front of the car going under the trailer. Override involves the truck's front bumper riding over the car's trunk and into the passenger compartment. Learn more about override truck accidents.
The physical condition of the trailer's underride guard (or its absence), the truck's conspicuity tape condition, the passenger vehicle's damage pattern, and the truck's position relative to the roadway are the most critical evidence. For product liability claims, the guard's manufacturer specifications, crash performance testing data, and compliance with 49 CFR §393.86 are essential. The trailer itself must be preserved as physical evidence before the carrier repairs or scraps it. Learn more about black box and ELD evidence.
The standard deadline is 3 years under CPLR §214, but the trailer and underride guard must be preserved as physical evidence immediately. Government entity claims require a 90-day Notice of Claim under General Municipal Law §50-e. Wrongful death claims carry a 2-year deadline under EPTL §5-4.1. Contacting an attorney within days of the crash is essential to prevent the carrier from repairing or disposing of the trailer.
Porter Law Group works on a contingency-fee basis, meaning you pay nothing unless the firm recovers compensation for you. There are no upfront costs, retainers, or hourly fees. The firm covers all expenses for engineering experts, underride guard analysis, accident reconstruction, and litigation. If the case does not result in a recovery, you owe nothing.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
Underride truck accidents are among the deadliest crashes on the road, and the trailer and its underride guard are physical evidence that must be preserved immediately. Contact Porter Law Group at (833) PORTER-9 for a free, no-obligation consultation. We work on a contingency-fee basis, so you pay nothing unless you win.
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