More than 30 years ago I represented the Estate of a young man who was killed in a horrible truck accident. On a beautiful summer night, the young man was driving home from a fishing trip in Connecticut. Up ahead on a dark highway was a disabled tractor trailer without any rear lights or flashers. Although my client was driving at less than 50 miles per hour, he could not stop in time before he crashed into the disabled trailer. The front of my client’s car slid easily under the back bumper of the trailer and the top of his car was sheared off resulting in his decapitation.
As shocking as this sounds, I soon learned that there had already been thousands of deaths and serious injuries as a result of tractor trailers that were not equipped with rear underride guards.
Fortunately, in 1998, the Federal Motor Carrier Safety Administration (“FMCSA”) adopted regulations requiring trucks weighing more than 10,000 pounds to be equipped with rear underride guards. Although the 1998 legislation has saved many lives, studies conducted over the past 50 years have also shown the need for front guards and sideguards.