When Missing Side Guards Make Illinois Underride Crashes Deadly

 Posted on November 25, 2025 in Personal Injury

Truck underride crashes happen when a car slides under the trailer of a large truck. This usually happens because the truck sits much higher than a car. It is hard to know how many underride truck accidents happen in the United States. Only 17 states have a special category for these crashes on police reports.

The National Highway Traffic Safety Administration (NHTSA) says at least 400 people die in underride crashes each year. The real number may be higher. Rear underride guards are required on most commercial trailers. In 2022, the rules were updated so these guards must be stronger and able to handle a 35-mile-per-hour crash.

Side underride guards are not required. Studies show they could reduce serious injuries in about 75 percent of side-impact crashes with large trucks. If you or a loved one was hurt in a truck underride crash, a Bloomingdale, Illinois truck accident lawyer can help you pursue fair compensation.

The Argument for Side Underride Guards on Commercial Trucks

FMVSS 223 and 224 require underride guards on the back portion of most trailers and semi-trailers but not on the sides, even though they are recommended for safety. The issue has been repeatedly studied, but the trucking industry has been very vocal in its opposition, primarily because of the cost of installing side underride guards on all trucks. Defendants in these situations may claim that side underride guards are not required.  Injured plaintiffs can argue that reasonable carriers should voluntarily incorporate recommended safety equipment when the risks of not doing so are clear.

How Can Missing or Defective Side Underride Guards Contribute to Liability?

Despite the fact that side underride guards are not mandatory under federal law, missing or defective underride guards can contribute to liability in a truck accident in the following ways:

Negligence for Failure to Install a Known Safety Device

Even without a legal mandate, the trucking company could be found negligent for failing to install a known safety device. Courts may treat side-guard omission as negligent when the carrier hauls in dense urban areas, or previous safety audits recommended guards.

Negligent Maintenance or Inspection of Side Underride Guards

If side guards were installed but are rusty, loose, or improperly attached, the trucking company might be held liable. A wrong load rating, missing hardware, or compromised welds could also constitute negligence in a side-underride accident.

Product Liability for Defective Side Underride Guard Design

There could be more than one product liability defendant for a defective side underride guard accident. The manufacturer of the underride guard, the manufacturer of the trailer, or the supplier of the components could all be held liable if their products were defective or made the guard less safe.   

Vicarious Liability for the Trucking Company

The carrier may be responsible for allowing unsafe rigs on the road or for poor inspection policies. The trucking carrier may also have violated FMCSA safety requirements.  

What Are Some Illinois-Specific Legal Considerations for Side Underride Guard Accidents?

Illinois follows the modified comparative negligence system, which means an injured person can recover damages only if they are less than 50 percent at fault for the injury. If the plaintiff is attributed 50 percent or more fault for the incident, they cannot recover anything. If the plaintiff’s fault is less than 50 percent, his or her total damages are reduced by a percentage equal to their share of the fault.

The trucking company or other entity is likely to argue that the driver of the passenger car was speeding, was in the truck’s "no-zone," or failed to take evasive action. The plaintiff’s response can include the fact that a lack of underride guards created a foreseeably deadly hazard.

Contact a Lombard, IL Truck Accident Lawyer

If you have suffered injuries in an underride collision involving a semi-truck without side underride guards or with defective safety equipment, you do not have to navigate this difficult time alone. A Bloomingdale, IL personal injury attorney from Mevorah & Giglio Law Offices can protect your rights and begin building the strongest possible claim. We have three offices conveniently located in Lombard, Bloomingdale, and Naperville, and we offer Saturday and evening appointments. Call 630-932-9100 for your free consultation.