Hurt in a Semi Truck Crash? Talk to Colvin Accident Lawyers

A semi truck accident lawyer can help when a car or motorcycle slides under the back or side of a trailer. These underride crashes often turn on the guard, the trailer’s condition, and the carrier’s maintenance records. Colvin Accident Lawyers is based in Bakersfield, California. The firm handles truck and other accident claims for people in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

What an Underride Crash Is and Who This Page Is For

An underride crash happens when a passenger car or motorcycle slides under the rear or side of a truck or trailer. The car can end up beneath the trailer, which can cause severe injuries or death.

A rear impact guard is the device meant to limit that slide. Federal rules describe it as a device that limits how far the striking vehicle’s front end slides under the trailer’s rear end. The federal standard at 49 C.F.R. § 571.223 specifies requirements for rear impact guards on trailers. Federal rules at 49 C.F.R. § 571.223 set requirements for rear impact guards for trailers and semitrailers, and they apply to rear impact guards for trailers and semitrailers subject to Federal Motor Vehicle Safety Standard No. 224, Rear Impact Protection (§ 571.224).

This page is for injured drivers and passengers, motorcyclists, and families of people killed in underride crashes on California roads. It explains the claim issues so you can ask the right questions early.

How Guard Defects and Carrier Failures Become Part of a Claim

A guard defect or a carrier’s maintenance failure can become part of a claim when the facts support it. Federal rules set measurements for trailer rear guards, which gives investigators a clear checklist.

For most trailers rated at 10,000 pounds or more and made on or after January 26, 1998, the rule requires a rear impact guard. 49 CFR 393.86 The guard’s bottom edge may not sit more than 22 inches above the ground. At any height of 22 inches or more above the ground, the rearmost surface of the guard’s horizontal member must be within 12 inches of the trailer’s rear end.

Missing, broken, sagging, or misplaced guards may point to a defect or a maintenance problem. Whether one does depends on the facts of the trailer and the crash. Side underride protection is a separate issue, judged on the facts of each crash.

Carriers have their own duties. Federal rules require every motor carrier to inspect, repair, and maintain its vehicles, including frame assemblies, axles, and attaching parts. 49 CFR 396.3 Motor carriers, except for a private motor carrier of passengers (nonbusiness), must also record inspections and repairs for each vehicle they control.

Other parties may be involved, such as a trailer owner, a maintenance contractor, or an equipment maker.

Evidence to Preserve After an Underride Collision

Evidence to preserve starts with the trailer, the guard, and the carrier’s records. Trailers get repaired and guards get replaced, so early documentation matters.

• Photos and video of the guard, the point of underride, the car’s damage, skid marks, and debris, taken before repairs or removal when possible.
• Police report numbers and witness names and contact details.
• Medical records from the first treatment onward, which connect your injuries to the crash.
• Carrier records such as driver logs, inspection files, and repair records, plus electronic data from the truck where available.

Carriers must keep maintenance records for 1 year, and for 6 months after the vehicle leaves their control. 49 CFR 396.3 That window is one reason early written notice asking the carrier to keep its records is a practical first step.

What a Claim Can Cover, Including Wrongful Death

A claim can cover medical costs, lost income, and pain and suffering, plus other losses the facts support.

• Injury claims often include past and future medical bills, lost income and earning ability, pain and suffering, and disability or disfigurement.
• Catastrophic injury claims can add long-term care, rehabilitation, home changes, and loss of independence.
• Wrongful death claims follow California’s own rules. A personal representative may act for them. Cal. Code Civ. Proc. § 377.60 Under Cal. Code Civ. Proc. § 377.60, a cause of action for the death of a person caused by the wrongful act or neglect of another may be brought by the decedent’s surviving spouse, domestic partner (meaning a partner in a registered domestic partnership under Family Code Section 297(b)), children, and issue of deceased children or, if there is no surviving issue, the persons who would be entitled to the decedent’s property by intestate succession. Certain dependents may also bring it, including a putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased, and a minor who lived in the decedent’s household for the previous 180 days and depended on the decedent for one-half or more of the minor’s support. Cal. Code Civ. Proc. § 377.60

An injured person’s own fault reduces the award but does not automatically bar recovery. Daly v. General Motors Corp.

Under Cal. Code Civ. Proc. § 335.1, an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another must be brought within two years. The California Courts Self-Help Guide notes that exceptions and tolling (pauses on the clock) can apply. Each claim’s value turns on its own medical, financial, and liability details.

How the Process Works, Step by Step

The process starts with a first consultation and moves through evidence, damages, and liability. Each step builds on the facts you share.

1. First consultation. You describe the crash, your injuries or loss, and any records you have. Your first consultation is free, confidential, and carries no obligation to continue.
2. Preservation and investigation. The firm sends preservation requests and reviews truck, trailer, guard, and carrier records.
3. Medical and damages review. The firm reviews your treatment and bills, and works with your treating providers as needed.
4. Liability review. The firm reviews fault, including the driver, the carrier, and any other responsible party, and communicates with insurers.
5. Resolution. The firm negotiates with insurers. If needed, it files suit before the deadline. Timing varies from case to case.

Why Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, train, dog bite, premises liability, catastrophic injury, and wrongful death matters.

Donald Norman Colvin is the responsible lawyer for this page. Our lawyers and our team handle these matters with the support of assistants and office staff. The firm serves Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi, and is based in Bakersfield, in Kern County.

Frequently Asked Questions