New Orleans
A passenger car’s front end sits roughly 30 inches off the ground. The bottom of a trailer often sits 45 inches up or higher.
That gap is exactly why underride crashes are among the deadliest collisions on the road, and why federal regulators have spent years trying, with mixed success, to close it.
The Voorhies Law Firm represents families affected by these crashes.
An underride accident occurs when a passenger vehicle collides with the rear or side of a truck trailer and slides underneath it, rather than the two vehicles’ crashing or meeting head-on.
This is uniquely dangerous because:
Because the height mismatch between a car and a trailer is the whole problem, underride guards, and whether they were present, adequate, and functioning, are often the central issue in these cases.
Underride cases sit at the intersection of a specific federal safety standard and ordinary negligence law, and the regulatory history here matters.
Federal law requires trailers and semitrailers to have rear impact guards designed to prevent underride.
In 2022, following a mandate in the Bipartisan Infrastructure Law, federal regulators strengthened these standards, requiring guards to withstand a 35 mph impact, up from the previous 30 mph benchmark, effective for new trailers starting in January 2023.
Whether a guard met this standard, or was missing, damaged, or improperly maintained, is often central to an underride case.
Unlike rear guards, side underride guards are not currently mandated by federal law, despite years of advocacy and a federal advisory committee’s recommendation that they be required.
A crash involving side underride, rather than rear underride, may turn more heavily on ordinary negligence and product liability theories, since no specific federal equipment standard currently applies.
An underride case can involve the truck driver, the carrier, and, if the guard itself failed or was defectively designed, the trailer manufacturer under Louisiana’s product liability framework. Comparative fault under Civil Code article 2323 and the two-year filing deadline under article 3493.1 apply as they do to other truck accident claims.
STEP 1
Free consultation.
Tell us what happened. This is often an extremely difficult conversation, and we’ll approach it that way.
STEP 2
Urgent evidence preservation.
STEP 3
Guard inspection.
We work with engineers to evaluate whether the guard met federal standards and functioned as designed.
STEP 4
Multi-party investigation.
We identify every entity that may share responsibility, the driver, the carrier, or the trailer manufacturer.
STEP 5
Damage calculation.
We account for medical costs, funeral expenses where applicable, and the full weight of what your family has lost.
STEP 6
Demand and negotiation.
We pursue every available source of compensation.
STEP 7
Filing suit, if needed.
We file before your deadline if a fair resolution never comes.
STEP 8
Resolution.
Your case is resolved, whether through settlement or a verdict.
We handle underride accident claims involving:
Underride cases often involve the worst outcomes a family can face, and we approach them with the seriousness that reality demands.
Our job is to establish exactly what should have prevented this crash, or made it survivable.
Our recoveries for clients now exceed $100 million across every kind of case we handle.
Given how severe underride crashes typically are, results vary enormously from case to case.
“Exceptional service from start to finish. The team was highly professional, incredibly responsive, and entirely dedicated to achieving the best possible outcome. Truly outstanding service and I wouldn't hesitate to work with them again!”
“Had a great experience working with The Voorhies Law Firm. They kept communication lines open, and really helped me through a difficult time. I highly recommend them!”
Underride cases require understanding a specific federal safety standard, its history, and its real-world limitations, not just ordinary crash reconstruction.
Richard P. Voorhies III and the team at The Voorhies Law Firm bring that level of preparation to every underride case we take on.
We’re recognized by Super Lawyers and other legal organizations, but in a case this serious, what matters most is the guard inspection and gathering the evidence behind it.
We handle these cases on contingency, so you can focus on what matters to you, not another bill.
Federal law has required rear impact guards on trailers since the 1990s, with strengthened standards taking effect for new trailers in January 2023. Whether the specific trailer involved complied with the applicable standard, and whether the guard functioned properly, is a central question in these cases.
Side underride guards aren’t currently required by federal law, even though safety advocates have pushed for them for years. A side underride case may rely more heavily on ordinary negligence and, if the guard itself was defective, product liability theories.
Potentially, if the underride guard was defectively designed or manufactured, in addition to any claims against the driver or carrier.
Under article 3493.1, the general deadline is two years from the crash date for incidents on or after July 1, 2024.
No. There’s no charge to talk with us, and we only get paid if we recover compensation for you.
