A loved one is driving at night. A semi-trailer turns across the lane in bad weather. There is a split second to react. The car collides with the side of the trailer and instead of crumpling against it, the front of the vehicle slides underneath.
In these crashes, the top edge of the trailer can cut into the passenger compartment at head level. Many survivors are left with catastrophic injuries. Many people do not survive at all.
What most families never learn until after a tragedy is that there is a simple, relatively inexpensive safety device that can prevent many of these outcomes: side underride guards. And even though the technology exists, the industry often chooses not to use it.
At Ryan Pacyga Criminal Defense, this is not an abstract safety debate. It is a line between life and death, between full accountability and companies hiding behind excuses.
What Is a Side Underride Guard?
When looking at a semi-trailer, there are two different kinds of underride protection to understand:
- Rear underride guards
Federal regulations require trailers to have a metal bar or panel mounted low at the rear. These guards are designed to stop a car from sliding underneath the back of the trailer in a rear-end collision. Without them, the front of a passenger vehicle can ride under the trailer, leading to the same catastrophic intrusion into the passenger compartment. - Side underride guards
Side underride guards are different. These are panels that run along the sides of the trailer, extending downward. They look like long white side panels, but behind them are vertical metal supports designed to block a vehicle from sliding under the side of the trailer.When a car or SUV hits a trailer equipped with side underride guards, the reinforced panel is designed to engage the vehicle’s structure and stop it, instead of letting it submarine beneath the trailer.
Why the Absence of Underride Side Guards Is So Deadly
Most passenger vehicles sit far lower than the undercarriage of a semi-trailer. When there is no side underride guard, a side impact can unfold in the most dangerous way possible:
- The car’s hood and windshield area travel under the trailer.
- The upper edge of the trailer impacts the passenger compartment at head and neck height.
- Occupants can be decapitated or suffer:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Crushed skull or chest injuries
- Multiple internal injuries
These are not rare, freak events. The National Transportation Safety Board (NTSB) has repeatedly warned about the severity of side underride crashes and has recommended stronger underride protections, including on the sides of trailers, for years.
Federal Law: Rear Guards Required. Underride Side Guards Still Optional.
Federal law already recognizes the danger of underride collisions, but only part of the problem has been addressed.
- Rear underride guards
Federal Motor Vehicle Safety Standards (FMVSS) require most semitrailers to have rear underride protection designed to prevent vehicles from sliding underneath in rear-end crashes. This has been law for years because regulators and safety experts know that underride is deadly. - Side underride guards
Despite the same physics and the same catastrophic risks, side underride guards are still not required on most trailers in the United States.Even as of today, many trailers legally travel the roads every day with completely exposed sides. That means that when a semi turns across traffic, pulls out when it should not, or jackknifes and blocks a lane, there is nothing between a family in a car and the steel edge of that trailer.
At Ryan Pacyga Criminal Defense, this gap between what is known and what is required is seen as unacceptable, especially when adding side underride protection is both feasible and affordable.
The Industry’s Excuses And Why Juries May Not Accept Them
Side underride guards are not a mystery technology. The cost and the objections are well-known inside the trucking industry.
Cost: About $3,000 Per Trailer
Retrofitting a trailer with side underride guards generally costs on the order of $3,000 per trailer. That figure is not per side or per panel, it is for the full installation.
For a company running dozens or hundreds of trailers, that is a real expense. But when compared to:
- The value of a human life
- The lifetime medical costs for a survivor with paralysis or a traumatic brain injury
- The emotional devastation to a family
the decision to skip this safety equipment in order to save a few thousand dollars can look very different in front of a jury.
Common Arguments Trucking Companies Make
When asked why they do not use side underride guards, trucking companies and brokers often point to three main arguments:
- “It costs too much.”
They highlight the per-trailer cost and the impact on their fleet budget. - “It adds weight.”
Side guards add some weight to the trailer. More weight can mean slightly higher fuel costs and potentially marginally less cargo capacity. - “We are not convinced it would help much.”
Some argue that side underride guards would not significantly reduce injuries or might not work in every crash scenario.
From a safety and accountability perspective, these arguments are deeply problematic. Safety studies and crash tests have shown that side guards can dramatically reduce the severity of many side underride collisions and prevent passenger compartment intrusion in specific impact configurations.
More importantly, to a grieving family, these excuses ring hollow. To a jury, they can frame the case as a conscious decision to prioritize profit and payload over people.
At Ryan Pacyga Criminal Defense, the position is clear: if a life can be saved, or a catastrophic injury prevented, by a reasonably affordable safety device, choosing not to use it is a choice, not an accident.
How Side Underride Crashes Happen in the Real World
Understanding how these crashes unfold helps families recognize when a trucking company or driver may be legally responsible.
1. A Truck Pulls Out or Turns Across Traffic
A semi-truck may:
- Run a red light
- Turn left across oncoming lanes without sufficient time
- Pull out of a driveway or side road into traffic
If a car traveling at highway or city speeds cannot avoid the trailer in time and impacts the side of the trailer, the absence of side underride guards can turn a survivable crash into a fatal one.
2. A Jackknife Blocks the Road
In some situations:
- A tractor-trailer loses control (for example, on ice, in rain, or during sudden braking).
- The trailer jackknifes, swinging sideways across one or more lanes.
Another driver may have no time to stop or may be unable to see the trailer clearly in poor visibility conditions. When they collide with the side of the trailer, they can slide underneath:
- The trailer edge penetrates the cabin area.
- Multiple passengers can be catastrophically injured or killed in a single collision.
In both scenarios, side underride guards can provide a barrier that engages the vehicle’s structural elements, reducing or preventing underride. They do not prevent every possible injury, but they are designed to prevent the most catastrophic type of injury: the trailer entering the passenger space.
Why Trial Experience Matters in These Cases
Most personal injury and trucking cases do not go to trial. Many lawyers build their practices around settlements and mediations. There is nothing inherently wrong with settling a case, when the settlement is fair and backed by real trial leverage.
The problem arises when the other side knows the lawyer is unlikely to take a case all the way to a jury.
At Ryan Pacyga Criminal Defense, the courtroom is not a threat; it is home turf. The firm brings something into civil trucking and catastrophic injury cases that is relatively uncommon: deep, hard-earned criminal trial experience.
A Background in High-Stakes Criminal Defense
Since 2002, the firm’s lead trial lawyer, Ryan Pacyga, has spent years battling serious criminal charges in front of juries, including:
- First-degree murder cases, where a grand jury has already concluded there is enough evidence to charge and prosecutors are convinced they can prove guilt beyond a reasonable doubt.
- Multi-count federal criminal cases against the United States government.
- A wide range of other serious felony cases, where prosecutors typically only go forward when they are confident in their evidence.
In those arenas:
- The burden of proof is the highest in the legal system: beyond a reasonable doubt.
- Prosecutors are backed by government resources, investigators, and expert witnesses.
- There is relentless pressure, high stakes, and no margin for error.
Beating those kinds of cases requires:
- Meticulous investigation
- Strategic cross-examination
- Comfort under pressure
- The ability to stand in front of a jury and tell a compelling, evidence-backed story
Why That Matters in a Trucking or Catastrophic Injury Case
Civil cases (like truck crashes and wrongful death) mostly operate under a lower standard of proof: preponderance of the evidence, more likely than not.
Yet many civil lawyers rarely, if ever, try a case in front of a jury. Insurance companies and trucking defendants know this. When a lawyer is hesitant to go to trial, settlement offers often reflect that weakness.
By contrast, when a firm like Ryan Pacyga Criminal Defense walks into a civil courtroom with:
- Years of major felony trial experience
- A history of beating high-stakes charges
- A willingness to squarely face a jury
the dynamic changes. Insurance companies and trucking companies can see that if they refuse to take responsibility, there is a real risk the case will be presented to a jury, including all of the choices the company made about safety and cost-cutting.
In a side underride case, that includes explaining to twelve community members why a $3,000 safety upgrade was not worth it.
Holding Trucking Companies Accountable for Side Underride Deaths and Injuries
When a semi-trailer lacks side underride guards and a serious or fatal underride crash occurs, several legal questions become critical:
- What did the trucking company or shipper know, or have reason to know, about the risks of side underride collisions and the availability of side guards?
- Which industry standards, safety recommendations, or internal company policies pointed toward using additional underride protection?
- Did the driver act negligently, such as:
- Running a red light
- Turning across traffic without enough time
- Driving too fast for conditions
- Losing control and jackknifing when safer behavior would have prevented it?
- Did the company prioritize cost and payload over safety, ignoring a known hazard?
At Ryan Pacyga Criminal Defense, these questions are not handled at the surface level. The firm’s approach includes:
- Digging into maintenance and equipment records
- Analyzing company policies, emails, and communications
- Working with crash reconstruction and trucking safety experts
- Examining what the company could have done, and chose not to do, to prevent this type of crash
When a company or broker gambles with public safety to save a few thousand dollars per trailer, that is a story that can and should be told to a jury.
For Families: What To Do After a Serious Semi-Truck Crash
If a family member has been killed or catastrophically injured in a collision with the side of a semi-trailer, it can be overwhelming. Grief, medical crises, and sudden financial uncertainty can make it hard to know where to start.
Yet the weeks and months after a crash are critical for preserving evidence and protecting your rights.
Steps that can make a difference include:
- Preserve all records and communications.
Keep police reports, photos, medical records, witness contacts, and any communication from insurance companies. - Do not rush into a quick settlement.
Insurance companies representing trucking firms may move quickly to offer money — often before the full extent of injuries or losses is known. Once a release is signed, claims may be permanently barred. - Consult with a trial-ready lawyer experienced with serious cases.
Trucking and underride cases are complex. They involve federal regulations, industry standards, crash reconstruction, and often corporate decision-making about safety. A firm that is willing and able to go to trial can fully explore these issues and build real leverage. - Ask specifically about underride and side guards.
In a side-impact crash with a semi, it is essential to investigate:- Whether the trailer had any form of side underride protection
- If side underride guards were available for that specific trailer model
- How the company evaluated, considered, or rejected available underride safety options
At Ryan Pacyga Criminal Defense, the focus is on standing up to trucking companies, shippers, brokers, and insurers that choose to cut corners, and then try to blame victims for the outcome.
A Closing Word to Families and Survivors
No family should have to sit in a hospital room or a funeral home wondering whether a $3,000 safety device could have changed everything.
Yet that is exactly what happens when a trailer with unprotected sides jackknifes across the road, or turns into traffic, and a car slides underneath because there was nothing there to stop it.
At Ryan Pacyga Criminal Defense, this is not just about legal theory or regulations. It is about real people, real grief, and real choices made by companies that put profits ahead of safety. When a trucking company or broker refuses to spend a fraction of their revenue to make their trailers safer, and someone’s child, spouse, or parent pays the price, that is a story that deserves to be told in full.
If you or someone you love has been seriously hurt or killed in a collision with a semi-truck, especially where a vehicle went under the side of a trailer, there is help:
- Visit arrestedmn.com
- Or call 612-339-5844
At Ryan Pacyga Criminal Defense, the team brings the tools of serious criminal trial work into the civil courtroom for families and injured people, and is prepared to stand in front of a jury and ask the question trucking companies dread:
Why was a life worth less than a $3,000 safety guard?