In an underride accident case, you may be able to sue for compensatory damages, which include the extensive financial and personal losses from the crash.
The truck accident lawyers at Nicolet Law help accident victims across Wisconsin, Minnesota, North Dakota, and Iowa document these devastating losses to build comprehensive cases for their recovery.
Are you struggling to recover the compensation needed to fully support your recovery after a commercial truck crash?
Learn how Nicolet Law can help by calling 1-855-NICOLET or messaging our Midwest personal injury law firm online. We offer free case evaluations and legal support in English and Spanish.
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Key Takeaways About Why Legal Representation Matters in Underride Accident Compensation
- Underride claims are complex: These cases often involve severe injuries and multiple liable parties, including the truck driver, trucking company, or even the trailer manufacturer. A lawyer can investigate all potential sources of recovery.
- Proof is everything: Recovering compensation requires extensive evidence, which can include everything from accident reconstruction reports to expert medical testimony. An attorney's role is to gather and present this documentation to build a strong claim.
- Insurers will fight your claim: Trucking insurers often dispute the cause of the accident. They may also question the severity and/or cost of even the most catastrophic injuries. A lawyer can build a case designed to counter these tactics and negotiate for a fair settlement.
The Devastating Reality and Statistics of Underride Accidents
Underride accidents are widely recognized as some of the most dangerous collisions involving large trucks, often leading to catastrophic or fatal injuries for people in smaller vehicles.
Data from agencies like the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) show how serious large truck crashes can be and why underride impacts receive so much safety attention:
- FMCSA’s truck crash statistics confirm that as of December 2025, 28,510 fatal and non-fatal crashes involving large trucks occurred in the Midwest.
- NHTSA truck accident data on underride crashes explain that when a smaller vehicle goes under the rear or side of a trailer, the upper part of the passenger compartment can be crushed or sheared off, leading to a high risk of deadly or life‑threatening injuries.
- A study published through the National Institutes of Health notes that crashes where passenger vehicles ride under larger vehicles are associated with a high rate of serious head, neck, and chest trauma.
- A NHTSA report on crashes involving large trucks found that, in collisions between large trucks and passenger vehicles, most of the people killed are the occupants of the smaller vehicle.
Together, these statistics highlight how an underride impact can change a life in seconds and why compensation in underride accident cases often focuses on extensive medical care, lost income, and long‑term support for families.
Understanding the Types of Compensation You Can Pursue
In an underride accident case, "damages" refers to the monetary compensation you can recover for the harm you have suffered. A skilled underride truck accident lawyer works to identify, document, and fight for every category of compensation to which you may be entitled.
Economic Damages: The Financial Costs of an Underride Accident
Economic damages cover the measurable financial losses caused by the underride crash. These damages aim to reimburse you for the money you’ve already spent and the expenses you’ll face in the future:
- Past and future medical expenses include emergency care, surgeries, rehabilitation, and long-term treatment for injuries like spinal cord damage or traumatic brain injuries (TBI), which are common in crashes on I-94 in Wisconsin or I-35 in Minnesota.
- Lost wages refer to the income you missed while recovering from injuries such as broken bones or internal organ damage. Addressing lost wages in an injury claim can help you maintain financial stability during your recovery.
- Loss of earning capacity applies when permanent injuries, such as paralysis or cognitive impairments, prevent you from returning to your job or pursuing your career. Economic experts often calculate these long-term losses.
- Property damage includes the cost to repair or replace your vehicle, which is often totaled in underride accidents, as well as any personal property damaged in the crash.
- Out-of-pocket expenses cover costs like home modifications for wheelchair access, in-home nursing care, or transportation to specialized medical facilities.
Trucking insurers may dispute the necessity or value of these damages, particularly future medical care. An accident lawyer can work with medical and financial experts to ensure your claim reflects the full scope of your financial losses.
Non-Economic Damages: The Personal Impact of an Underride Accident
Non-economic damages address the profound personal losses that can’t be measured in dollars but significantly affect your quality of life. These damages are often the most contested by insurance companies:
- Pain and suffering addresses the physical pain and ongoing discomfort caused by catastrophic injuries like amputations or severe burns. Victims of underride crashes on highways like I-29 in North Dakota often face lifelong physical challenges.
- Emotional distress refers to the psychological toll of the accident, including anxiety, depression, or post-traumatic stress disorder (PTSD). These effects can be just as debilitating as physical injuries.
- Loss of enjoyment of life applies when injuries prevent you from participating in activities or hobbies you once loved, such as hiking in Minnesota’s state parks or spending time with family.
- Disfigurement and scarring addresses compensation for permanent changes to your appearance, such as facial scars or burns, which can impact your confidence and social interactions.
- Wrongful death damages allow families to seek compensation for the loss of a loved one, including funeral expenses, lost financial support, and the emotional toll of losing a family member.
Non-economic damages reflect the human cost of an underride accident. A lawyer can help convey the full impact of these losses to insurers, a jury, or any respective audience. This can ensure your suffering is not overlooked or undervalued.
What Causes Underride Accidents?
Underride accidents often result from negligence. These crashes occur when a smaller vehicle slides under the trailer of a semi-truck, often leading to catastrophic injuries or fatalities. Understanding the causes of these accidents is key to identifying who may be held liable.
Common Negligence-Related Causes
Several factors contribute to underride accidents, many of which stem from preventable negligence:
- Failure to install or maintain underride guards: Federal regulations require underride guards on the rear of most trailers, but some trucking companies neglect to install or properly maintain these safety features.
- Sudden braking or unsafe stops: Truck drivers who brake abruptly on busy highways, such as I-94 in Wisconsin or I-35 in Minnesota, can create hazardous conditions for smaller vehicles following behind.
- Inadequate lighting or reflectors: Poorly lit trailers or missing reflectors make it difficult for other drivers to see the truck, especially at night or in low-visibility conditions on rural roads in North Dakota or Iowa.
- Driver fatigue or distraction: Long hours on the road can lead to drowsy or distracted driving, increasing the risk of sudden, unsafe maneuvers that cause underride crashes.
- Improperly loaded cargo: Overloaded or unevenly distributed cargo can cause a trailer to sway or jackknife, creating hazardous conditions on highways like Highway 52 in Iowa or Highway 2 in North Dakota.
When negligence is involved, accident victims and their families have the right to seek accountability. A lawyer can investigate these factors to determine the cause of the crash and identify who should be held responsible.
Potentially Liable Parties
Determining liability in an underride accident often requires a thorough investigation to identify all responsible parties, which may include:
- The truck driver: If the driver was speeding, distracted, or otherwise negligent, they may be held accountable for the crash.
- The trucking company: Employers are often liable for their drivers’ actions and may also be responsible for failing to maintain the truck or properly train their drivers.
- The trailer manufacturer: If a defective underride guard or other faulty equipment contributed to the accident, the manufacturer could be held liable.
- Maintenance providers: Third-party companies responsible for inspecting and maintaining the truck may share liability if their negligence led to unsafe conditions.
By identifying the root causes and responsible parties, a lawyer can build a strong case to hold negligent parties accountable and pursue the compensation you deserve.
How State Laws Affect Your Underride Accident Claim in WI, ND, IA, and MN
The laws in Wisconsin, Minnesota, North Dakota, and Iowa are a critical factor in any underride accident claim. An attorney's deep understanding of these state-specific rules is essential for protecting your right to pursue compensation and building an effective claim.
Statutes of Limitation: Deadlines for Filing a Claim
Every state sets a strict deadline, known as the statute of limitations, for filing a personal injury lawsuit. These deadlines may seem generous, but underride accident cases are complex and require significant time to investigate and build:
- Wisconsin: The general deadline is three years from the date of the accident. However, exceptions may apply in cases involving minors or claims against government entities.
- Minnesota and North Dakota: Both states allow six years to file most personal injury claims, providing a longer window to pursue legal action.
- Iowa: With a two-year statute of limitations, Iowa has one of the shortest deadlines in the Midwest. This makes it critical to consult a lawyer as soon as possible after an underride crash.
Missing these deadlines can permanently bar you from seeking compensation, regardless of the severity of your injuries. A lawyer ensures your claim is filed on time and accounts for any exceptions that may apply to your case.
Comparative Negligence: How Fault Affects Your Compensation
In underride accident cases, trucking companies often attempt to shift blame to the victim to reduce their financial liability. All four states served by Nicolet Law follow modified comparative negligence rules, which allow you to recover damages even if you share some fault for the crash:
- Minnesota, Wisconsin, and Iowa: Modified comparative negligence with a 51% bar. You can recover if you are 50% or less at fault, barred at 51% or more. Recoverable compensation may be reduced by the equivalent fault assigned.
- North Dakota: Modified comparative negligence with a 50% bar. You can recover only if you are 49% or less at fault, barred at 50% or more. Like the other states, your compensation will be reduced by your percentage of fault.
Even a small increase in your assigned fault percentage can significantly reduce your financial recovery. A lawyer investigates the crash, gathers evidence, and challenges unfair blame-shifting to protect your right to full and fair compensation.
Underride Accidents FAQ
How long does it take to resolve an injury claim for underride accidents?
The time it takes to resolve an underride accident claim often depends on factors like the severity of injuries and the complexity of the case. A lawyer can help navigate these challenges, keeping the process on track while advocating for the best possible outcome.
What if the underride accident happened in a rideshare vehicle like Uber or Lyft?
If you were injured in a rideshare vehicle, the claim may involve both the rideshare company’s insurance and other liable parties. A lawyer can ensure all avenues for compensation are explored and pursued.
When should I call a lawyer about my truck accident case?
It’s best to contact a lawyer as soon as possible. Early involvement allows them to preserve evidence, meet critical deadlines, and build a strong case for your claim.
Get Clarity on Your Underride Truck Accident Claim With Nicolet Law
An underride accident is a life-changing event. The physical pain, emotional toll, and financial strain can feel insurmountable.
Meanwhile, the trucking company’s insurer is focused on protecting its bottom line, often at the expense of your recovery.
Trying to handle these and other claim challenges on your own can lead to missed deadlines, undervalued damages, and a settlement that falls far short of what you need.
With Nicolet Law, you don’t have to face this process alone. Our team is here to guide you, protect your rights, and pursue the compensation your family needs to move forward.
Call 1-855-NICOLET or message our truck accident attorneys online to schedule a free case evaluation and discuss how we can help. We are available 24/7 to hear your story in Wisconsin, Iowa, Minnesota, and North Dakota.
Legal Resources for Truck Accident Victims and Their Families
Injured in a Midwest commercial truck accident? Check out our legal resources for insights into how a lawyer can help:
- Why You Need a Truck Accident Lawyer
- What Are the Types of Injuries Suffered in Trucking Accidents?
- Truck Accident Injuries: What Compensation Am I Entitled To?
- Personal Injury Case Timeline: What to Expect From Start to Settlement
Ready to explore your legal options? Contact Nicolet Law for a free case evaluation. We offer 24/7 support in English and Spanish.