Recovering Compensation for Underride Truck Accidents and Fatal Injuries

 Posted on March 25, 2026 in Truck Accidents

When a car ends up caught under a moving truck, the results are often disastrous. The crushing forces involved in these accidents can put the victim’s safety in jeopardy, sometimes causing fatal injuries. Whether you have been injured in an underride accident yourself or you have lost a loved one in a collision, a Rockford, IL truck accident lawyer can help you seek payment for your damages.

At Mannarino & Brasfield, A Division of Schwartz Jambois, we have the resources to investigate the root cause of an underride truck accident. We provide our service on contingency. That means you will not pay any fees unless we win. 

What Causes Underride Truck Accidents?

Underride crashes can happen for many reasons. In some cases, a truck stops suddenly, and the driver behind it cannot brake in time. A driver may strike the side of a trailer during a wide turn or while a truck is crossing an intersection.

Poor visibility is a major factor in many underride collisions. A trailer without proper lighting or reflective markings can be difficult to spot, especially on dark roads. Broken or missing underride guards can make a terrible crash even worse. These guards are meant to reduce the chance that a passenger vehicle will slide under a trailer.

Sometimes the driver of the smaller vehicle may be partially at fault. However, that does not automatically mean the truck driver bears no responsibility for the collision. A careful investigation may show that multiple factors caused the crash.

Who Can Be Held at Fault for an Underride Truck Accident in 2026?

By and large, truck accident claims tend to be much more complicated than ordinary car accidents. The truck driver may be at fault if he or she drove carelessly or violated traffic laws. The trucking company may share responsibility if it hired an unsafe driver, failed to train employees, pushed unrealistic schedules, or did not inspect and maintain its trucks and trailers. 

Liability can extend to other parties as well. A maintenance company might have failed to repair lights or safety equipment. A cargo company could have loaded freight in a way that made the truck harder to control. In some cases, a manufacturer may be blamed for a defective underride guard or other unsafe part.

The evidence may include driver logs, maintenance records, black box data, inspection reports, witness statements, and crash scene photos. An attorney may need to move swiftly to preserve that evidence before it disappears.

Estimating Your Damages After an Underride Truck Accident in Illinois

The value of a truck accident claim depends on the harm the victim suffered. After a crash, a victim may need emergency surgery, a long hospital stay, rehabilitation, and future treatment. Some victims are left with brain injuries, spinal cord damage, disfigurement, or permanent disabilities.

Economic damages often include medical expenses, lost wages, and reduced earning ability. If a victim cannot return to the same kind of work, the lost future income may be part of the claim. Property damage and other out-of-pocket losses should be factored into the total losses, including the cost of repairing or replacing a totaled vehicle.

Non-economic damages are also important. These damages may cover pain, emotional suffering, disability, and a reduced quality of life. 

How Do Wrongful Death Claims Differ From Normal Truck Accident Claims?

A personal injury claim is usually brought by the injured person. A wrongful death claim is different. In Illinois, wrongful death actions are brought by the personal representative of the person who died. Recovery in these claims is meant to support the surviving spouse and next of kin. 

In plain terms, that means a fatal truck accident case may involve different kinds of losses than a normal injury claim. A surviving family may seek damages related to grief, sorrow, mental suffering, lost support, and the loss of a relationship. 

Illinois law also recognizes a survival action that can address losses tied to the injuries the person suffered before death. Survival actions and wrongful death claims are not mutually exclusive, so the deceased person’s family can benefit from both claims.

What Insurers Do To Limit Liability in Underride Truck Accident Claims

Insurance companies often move quickly after a major truck wreck. In most cases, their goal is to minimize liability on their end. With that in mind, it’s best to have a lawyer at your side when speaking to these representatives.

An insurer may argue that the driver of the smaller vehicle was mostly at fault. Shared fault can reduce recovery, so pushing back against allegations of negligence is critical for protecting your claim. In fatal cases, the insurer may contest lost income, life expectancy, or the value of non-economic losses.

Denying responsibility isn’t the only way insurance companies try to avoid paying the full value of a claim. Insurers may assert that some treatment was unnecessary or that a pre-existing condition caused part of the problem. Our firm can support your claim with medical documentation that shows the extent of your damages. If we feel that you are not getting a fair offer, we can move forward with litigation on your behalf.

How Long Do You Have to Seek Payment for a Truck Accident in Rockford, IL?

In many Illinois truck accident injury cases, the general deadline to file a claim is two years from the date of the injury (735 ILCS 5/13-202). Wrongful death claims in Illinois also generally carry a two-year filing period, though the rules can depend on the circumstances. 

Even if two years sounds like a long time, evidence can disappear much sooner. Oftentimes, taking legal action early on is best, especially after a life-changing underride accident.

Contact Our Winnebago, IL Truck Accident Lawyers

An underride truck accident can be traumatic to live through. At Mannarino & Brasfield, A Division of Schwartz Jambois, we are prepared to investigate what happened and pursue the compensation you deserve after a serious accident. We’ve handled many complex cases and secured millions of dollars in verdicts, including multiple six- and seven-figure settlements for our clients.

Call 815-215-7561 to set up a free consultation with our Rockford, IL personal injury attorneys today.