Override & Underride Truck Accidents

Understanding the Risks and Your Legal Rights

Truck accidents involving override and underride collisions are among the most devastating and fatal traffic incidents. At the Law Offices of John Day, P.C., we proudly serve Nashville, Davidson County, and surrounding areas across Middle Tennessee, providing experienced and compassionate legal representation to victims and families affected by these traumatic events.

Led by attorney John Day, our firm is dedicated to helping clients recover physically, emotionally, and financially after serious truck accidents. With decades of legal experience and a track record of success, we are committed to holding negligent parties accountable and helping our clients rebuild their lives with strength and dignity.

What Are Override and Underride Accidents?

Override accidents occur when a large commercial truck rides over a smaller vehicle, often during a rear-end collision. The sheer size and weight of the truck can cause the smaller vehicle to be crushed, especially if the truck driver is speeding or unable to stop in time. These types of collisions are particularly dangerous at intersections, in traffic congestion, or when road visibility is poor.

Underride accidents, by contrast, happen when a smaller vehicle crashes into the back or side of a truck and slides underneath the trailer. Because most cars sit significantly lower than the base of a commercial trailer, the upper portion of the car, including the passenger cabin, can be crushed upon impact. In many cases, airbags and other protective systems are rendered useless because the point of contact is too high. Tragically, many underride accidents result in the complete destruction of the vehicle’s cabin and fatal injuries to the occupants.

Understanding how these accidents occur is vital for prevention and for building a strong legal claim when they happen. Both types of accidents share a common theme: inadequate space, poor visibility, and a failure by one or more parties to exercise proper caution on the road.

Causes and Contributing Factors

The causes of override and underride truck accidents vary, but they generally involve a combination of human error, mechanical failure, and poor visibility.

For override accidents, causes include tailgating, a failure to maintain a safe following distance, driver distraction, excessive speed, and poor weather conditions that limit a truck’s stopping ability. Brake failure or worn tires can drastically reduce a truck’s ability to stop in time, especially when combined with driver fatigue, a widespread problem in the trucking industry due to demanding schedules and tight delivery deadlines.

Underride accidents are more often linked to poor truck visibility, especially at night or in adverse weather. Federal regulations require reflective tape and lighting to increase the visibility of commercial trucks, but not all carriers comply. Rear underride guards are required by federal law, yet many trucks on the road today are still equipped with outdated or damaged guards. Furthermore, side underride guards,though proven to reduce fatalities, are not yet federally mandated. As a result, a significant number of trucks and trailers on the road pose a heightened danger to passenger vehicles.

Additionally, improper loading or parked trucks on highways without adequate warning markers can create hazards that lead to underride crashes. These are often situations where negligence is clear but overlooked without thorough investigation.

The Legal Framework: What Laws Apply and How They Protect You

Victims of truck accidents have legal protections under both federal and state laws. Understanding these laws is critical to building a strong legal claim.

At the federal level, the Federal Motor Carrier Safety Regulations (FMCSR) set safety standards for commercial trucks. These include mechanical standards (such as brake functionality and lighting), driver qualifications, and hours-of-service limits that are meant to prevent fatigue. Specific rules, such as 49 CFR §§ 571.223 and 571.224, regulate the construction of underride guards. 49 CFR Part 393 outlines the safety equipment required on trucks, including lights, reflectors, and braking systems. Trucking companies and drivers who fail to follow these rules may be found negligent and liable for any resulting injuries or fatalities.

Tennessee law complements these federal regulations by mandating driving behavior under T.C.A. § 55-8-101 et seq., which includes speed limits, passing rules, and safe following distances. The failure to follow these laws is negligence.  Tennessee also uses a modified comparative fault system, , meaning victims can still recover compensation even if they are partially at fault—as long as they are found to be less than 50% responsible for the accident.

An experienced attorney can determine which statutes apply, how federal safety violations may support a negligence claim, and how to best pursue damages under Tennessee’s legal system.

Long-Term Impact of Injuries and Financial Strain

The physical and emotional injuries sustained in these accidents can be staggering. Many victims experience long-term disability and require ongoing medical care such as surgeries, physical therapy, and home health support. In cases involving spinal cord injuries or brain trauma, the road to recovery may be lifelong and filled with uncertainty. Psychological trauma, including anxiety and depression, can affect both the victim and their family members.

Financial strain is often immediate and overwhelming. Lost income, medical bills, and rehabilitation costs quickly add up. In wrongful death cases, surviving family members may face funeral expenses and the sudden loss of their loved one’s financial contributions. That’s why seeking legal guidance early is essential—not only to preserve evidence, but to ensure your full financial losses are accounted for in any settlement or trial verdict.

To learn more information about how personal injury damages are determined under Tennessee law, click on the link.  You can learn how damages are determined in cases where negligence causes the death of a person (called a “wrongful death case”) by clicking on the link. 

Our Commitment to Clients at Law Offices of John Day, P.C.

When you choose the Law Offices of John Day, P.C., you are choosing a firm that understands the stakes. We are committed to advocating for your best interests from the very beginning. Our legal team investigates each case thoroughly, consulting with accident reconstruction experts, engineers, medical professionals, and safety compliance specialists to establish liability and calculate damages accurately.

We work directly with the  insurance company for the at-fault trucking company and its lawyers to negotiate a fair settlement of your claim. However, if a reasonable agreement cannot be reached, we are fully prepared to litigate and present your case before a jury. Throughout the process, we prioritize transparent communication, personalized support, and the goal of maximizing your recovery.

Get the Help You Deserve

If you or a loved one has suffered due to an override or underride truck accident, the Law Offices of John Day, P.C. is ready to help. We serve Nashville, Davidson County, and communities throughout Middle Tennessee, providing strong advocacy and caring representation. Contact us today at 615-742-4880 or visit www.johndaylegal.com for a free consultation. We’re here to protect your rights, hold negligent parties accountable, and help you move forward with confidence.