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An underride crash is one of the most devastating events that can happen on a road. It occurs when a smaller vehicle slides beneath a truck’s trailer during a collision, typically shearing off the top of the car at windshield height. Occupants have almost no protection against this kind of impact. Survivors carry injuries that change their lives permanently. Many do not survive at all. Call today for a free consultation. No fee unless Anthony wins.
If you or a family member was injured or killed in an underride accident involving a commercial truck in El Paso, Anthony Holm at The Big Dog Truck Accident Lawyer is ready to fight for accountability and for every dollar of compensation you deserve.
An underride accident happens when a passenger vehicle collides with a commercial truck and slides beneath the truck’s body or trailer. The car’s structure, including its roof, A-pillars, and windshield, is not designed to withstand the height and rigidity of a truck’s undercarriage. The result is catastrophic structural collapse into the passenger compartment.
There are two primary types of underride accidents:
El Paso’s freight-heavy highway corridors, including I-10 through the downtown core and the commercial routes connecting to the bridge crossings, see constant truck traffic. Rear-end underrides are a persistent hazard when traffic slows and trucks cannot stop in time.
Federal law has required rear underride guards on commercial trailers for decades. Under 49 CFR 393.86, trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more manufactured on or after January 26, 1998, must be equipped with a rear impact guard meeting the strength standards set in Federal Motor Vehicle Safety Standards No. 223 and No. 224.
In 2021, the FMCSA updated its regulations to require that rear impact guards be formally included in the annual inspection checklist under 49 CFR Part 396. A missing, damaged, or noncompliant rear impact guard is a direct federal violation.
If the truck that struck your vehicle was missing its underride guard, had a guard that was damaged or improperly maintained, or had a guard that failed to meet federal strength standards, that violation is central to your case. Anthony Holm investigates the physical state of the trailer to determine whether the guard was compliant, and whether a properly functioning guard would have prevented or reduced your injuries.
Underride crashes involve overlapping layers of responsibility. The parties who may be held liable in your case include:
Anthony Holm investigates all responsible parties from the first day of your case. Trucking companies and their insurers will try to minimize their exposure. Anthony’s job is to make sure every avenue of liability is fully pursued.
Underride crash cases require expert analysis that goes beyond a standard vehicle accident investigation. Anthony Holm works with accident reconstruction specialists and trucking safety experts who can evaluate the condition of the underride guard, the height and placement of the trailer, the speed and angle of impact, and whether the injuries sustained would have been different with a compliant guard in place.
This kind of expert testimony is what distinguishes a well-built underride case from a weak one. Insurance companies know the complexity of these cases and count on victims not having the resources to pursue them fully. Anthony Holm has those resources and uses them.
Underride accidents are among the most severe in any vehicle accident category. Common outcomes include:
In many underride cases, the injured person does not survive. When a family member is killed in an underride crash, surviving family members in Texas may file a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71. Eligible family members include the surviving spouse, children, and parents of the deceased. The two-year statute of limitations applies from the date of death.
Anthony Holm pursues complete compensation for every client. In underride accident cases include:
Underride accident cases require a lawyer who is not intimidated by the complexity of trucking litigation or the size of the companies involved. Anthony Holm takes on these cases because the stakes are at their highest: someone has been catastrophically injured or killed, and the company responsible is using every resource it has to avoid paying what it owes.
Anthony Holm investigates aggressively, retains the expert witnesses these cases demand, and fights for maximum compensation, whether in settlement or at trial. He represents you on contingency: no fee unless he wins.
Related reading: Rear-End Truck Collisions in El Paso
Underride accidents often leave families dealing with catastrophic injuries or the loss of someone they love. In the middle of that grief and recovery, legal deadlines can feel like a distant concern. They are not.
Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for personal injury claims in Texas is two years from the date of the accident. In wrongful death cases, that same two-year period begins from the date of death, not the date of the crash. Texas courts apply this deadline strictly, and exceptions are extraordinarily rare.
We understand that pursuing a legal claim is not the first thing on your mind when you are focused on recovery or supporting a grieving family. However, the sooner Anthony Holm can begin investigating your case, the better positioned you will be to recover the full compensation your family deserves. Evidence is time-sensitive, and the trucking company’s legal team is already at work.
If your vehicle was hit by a truck in El Paso, the company responsible is already working to limit what they owe you. Anthony Holm at The Big Dog Truck Accident Lawyer fights back with the resources, expertise, and commitment these cases demand.
Can the truck company really be liable just because the underride guard was missing or damaged?
Yes. Federal law mandates that trailers be equipped with compliant rear impact guards and that those guards pass annual inspection under 49 CFR 396.17. Operating a trailer with a missing or defective guard is a direct federal violation. Anthony Holm documents the condition of the trailer through post-crash inspection, photographic evidence, and maintenance records.
My family member was killed in an underride crash. Who can file a wrongful death claim?
In Texas, the eligible parties are the surviving spouse, children, and parents of the deceased. The claim must be filed within two years of the date of death. If no eligible family member files within that period, the estate’s legal representative may bring the claim. Contact Anthony Holm immediately to protect your family’s rights.
Is a side underride crash harder to win than a rear underride case?
Side underride crashes present different challenges because there is no federal requirement for side underride guards, unlike rear guards. However, the absence of a regulation does not eliminate liability. Anthony Holm can pursue the driver’s negligence in making an unsafe turn or lane change, and can examine whether industry safety standards support a products liability theory against the trailer manufacturer.
What if the truck that hit me drove away before the police arrived?
Hit-and-run cases involving commercial trucks are more solvable than they may seem. Large commercial vehicles often have GPS tracking and electronic logging systems. The truck’s physical characteristics, including dimensions, color, and visible lettering, create a traceable profile. Anthony Holm works with investigators who specialize in identifying and locating hit-and-run trucks. Call immediately.