Ohio Truck Accident Help
A Division of Ohio Truck Accident
June 14, 2023
Despite the science and outcry, legal action may be the most effective path toward reducing fatal underride crashes with large commercial trucks.
As part of the “America’s Dangerous Trucks” collaboration between FRONTLINE and the nonprofit news outlet ProPublica, the June 2023 article Trapped Under Trucks explored the decades-old battle to stop or at least reduce the problem of underride truck accidents with some simple safety measures.
But despite the science and outcry, legal action may be the most effective path toward changing how large trucking companies and governing agencies operate.
At Ohio Truck Accident Help, our injury lawyers focus on truck accident cases across the state, and we are tragically all too familiar with the devastating toll of underride truck accidents. These collision types represent a persistent, fatal, and sadly preventable phenomenon on our roads.
The stories of the victims referenced in the article, like Ricardo Marcos and Riley Hein, are heartbreaking reminders of the cost of collective inaction. Yet, these stories also underscore why truck accident lawsuits are necessary for seeking justice for victims and their families and serve as powerful tools to bring about changes in the trucking industry and new, much-needed safety regulations.
For decades, underride accidents have been recognized, yet it’s distressing to see that federal safety regulators and trucking companies have made little headway in implementing preventive measures. Underride guards and the other safety features discussed in the article seem practical and long overdue. Still, powerful companies are quick to dispel them as cost-restrictive and that there’s insufficient data to support them. Implementation.
But this inaction cannot be blamed on a lack of awareness. Instead, their industry pushback likely stems from profit margin concerns and an arguably overly cozy relationship between the regulators and those they are tasked to regulate.
Our legal system allows for truck accident lawsuits, so victims can be made financially whole after an act of negligence inflicts harm upon them. While financial compensation for auto repairs, medical bills, lost wages, and wrongful death when injuries are fatal, lawsuits also serve an essential function in changing how recklessness is corrected.
By holding negligent parties accountable, legal actions can force industry practices and regulations changes that would otherwise be delayed or ignored. When companies are forced to pay out large settlements because they failed to implement a reasonable safety measure, it can change how they approach their revenue. It may be a fiscally motivated change, but lawsuits and discovery motions can bring unsafe practices to light and accentuate the human cost of regulatory failure. This can compel change.
A case in point is the story of Marianne Karth, who is featured in the article and tells how she two of her daughters in an underride collision. Turning grief into activism, Karth fought for stricter truck safety standards, stressing how personal tragedy can fuel efforts to prevent future accidents. Stories like hers and lawsuits from such situations draw attention to the issue and apply pressure for policy and industry practice changes.
Yet, to bring about effective change, we also need to address the significant data gap regarding truck crashes.
The NHTSA, tasked with protecting road users, has faced some criticism for its inability to track the number of underride fatalities accurately. Without reliable data, conducting a fair cost-benefit analysis that would drive new safety rules becomes challenging. Through truck accident lawsuits, we can contribute to filling this data gap, creating a more accurate picture of the scope and severity of underride accidents.
Essentially, with the independent resources of law firms committed to holding negligent truck drivers and carriers accountable, more compressive investigations can be performed, and more accurate figures can spur actions.
The efficacy of lawsuits is evident in the article in the case of Eric Hein. Mr. Hein sued Utility Trailer Manufacturing Company after the tragic loss of his son in a side underride accident. Despite industry pushback and allegations of cost concerns, this lawsuit resulted in a significant recovery and a shift in the company’s stance on side guards.
ProPublica’s article points to innovators like Aaron Kiefer, who are stepping up with realistic solutions to reduce underride injuries and fatalities, such as a lightweight side guard that successfully prevents underride accidents in test crashes. But to make these life-saving advances standards across the industry, we need the NHTSA and adoption by trucking companies.
Truck accident lawsuits can play a crucial role by increasing pressure on regulators and industry leaders to prioritize safety over cost considerations. In essence, lawsuits serve as a check on big truck companies and regulators by fostering accountability and incentivizing safety.
At Ohio Truck Accident Help, our primary goal is to seek justice for our clients, often by recovering the financial compensation they need and deserve after being seriously injured. However, by diligently pursuing truck accident lawsuits, we can drive systemic change, push for better safety features, and hopefully prevent future tragedies.
Truck accidents are not like other vehicle crashes. But Ohio Truck Accident Help is not like other law firms. Call (855) 721-2737 for a free, no-risk consultation if you or someone you love suffered serious injury or died in an underride accident with a large commercial vehicle.