
Illinois Truck Underride Accident Lawyer
In a normal rear-end collision, the car's bumper, crumple zones, and airbags do their job. In an underride crash, none of them get the chance. The passenger vehicle slides beneath the truck or trailer, and the trailer bed meets the windshield. These are among the most violent crashes on Illinois highways, and they are also among the most preventable, which is exactly why they make strong cases when the evidence is secured in time.
Underride crashes come in two main forms. Rear underride happens when a car strikes the back of a trailer, often one that is stopped, slow-moving, or poorly marked in the dark. Side underride happens when a car strikes the side of a trailer crossing or turning across traffic, frequently at night when an unlit trailer can be nearly invisible across a roadway. In both, the car's occupant compartment takes the impact at head level. The injuries that follow are catastrophic: traumatic brain injury, cervical spine damage, and a disproportionate share of fatalities.
Federal law has required rear impact guards on most trailers for decades, under Federal Motor Vehicle Safety Standards 223 and 224. In 2022, the National Highway Traffic Safety Administration strengthened those standards to match more protective Canadian requirements. But two gaps remain, and they matter in litigation. First, a guard only works if it is intact: rusted, bent, or improperly repaired guards fail, and federal regulations require carriers to maintain their equipment. Second, there is still no federal requirement for side underride guards, an omission safety advocates have fought for years. NHTSA formally sought comment on side guards in 2023, but as of today, most trailers on Illinois roads have nothing between their wheels but air.
The toll is also undercounted. The Government Accountability Office found an average of about 219 reported underride deaths per year from 2008 through 2017, and concluded the true number is likely higher because police crash reports often have no standard way to record an underride.
Underride cases reward a wider investigation than the typical crash, because the failure is often about the equipment and the company, not just the driving:
And because the company's maintenance and inspection practices are usually in play, an underride case often becomes a trucking company negligence case, with the discovery reaching inspection records, repair histories, and the carrier's safety program.
The single most important step in an underride case happens in the first days: inspecting and preserving the trailer before it is repaired, scrapped, or put back in service. The guard's condition, weld points, rust, and prior repairs tell the story of the crash. So do the trailer's conspicuity tape, its lighting, the carrier's inspection reports, and the crash scene itself. We send a preservation letter immediately and, where needed, get a court order before the evidence rolls away.
Lack of underride guards, or subpar underride guards, are the most notable cause of underride crashes. These guards, when designed properly, can prevent a passenger car from going underneath a semi-truck on impact and can save the lives of the driver and passengers. Unfortunately, many of the trucks on the road do not have these guards or have guards that will break on impact, rendering them pointless.
Poor visibility. Accidents between passenger vehicles and semi-trucks are much more common at night. Trucks without reflective tape, or with poorly maintained reflective tape, or failed brake lights all contribute to this statistic. Trucking companies are supposed to make sure their trucks are as visible as possible on the road; when they do not uphold this responsibility, fatal crashes happen.
Truck driver negligence is another major cause of underride crashes. If a truck driver turns out into the middle of traffic negligently or slams on their brakes unexpectedly, the likelihood of a vehicle crashing into the side or back of the truck is extremely high. This negligence, combined with a lack of reflective tape or underride guards, creates a recipe for disaster.
Hazardous weather and/or road conditions are another cause of underride crashes. Bad weather, construction, and hazards on the road can all contribute to underride crashes. Slippery conditions can cause a truck to jackknife which can in turn cause an underride accident. Poor visibility, heavy fog, and slick roads can cause a car to slam into a truck from the rear resulting in an underride accident.
A crash in which a passenger vehicle slides beneath a truck or trailer, so the impact hits at windshield level instead of engaging the car's bumper and crumple zones. That is why these crashes are so often fatal or catastrophic even at moderate speeds.
Most trailers must have rear impact guards meeting FMVSS 223 and 224, strengthened by NHTSA in 2022. There is no federal side underride guard requirement, which is why side crashes remain a major hazard.
Potentially the driver, the motor carrier, and in some cases the trailer manufacturer. The guard's condition and the carrier's maintenance records usually decide which theories are strongest.
Because the trailer is the central evidence and it will be repaired or returned to service quickly. A preservation letter needs to go out immediately.
If an underride crash injured you or took a family member, the trailer that caused it is the case, and it needs to be preserved this week, not next month. Call Collins Law Group at (630) 527-1595 or use our contact form. The consultation is free, and there is no fee unless we win.
Every truck crash is different. If your case falls outside the situations described above, our our Illinois truck accident attorneys handle the full range of commercial truck and tractor-trailer claims across Illinois. Related case types we handle include:

Chris G. was very professional and helpful!