A catastrophic personal injury case in which a 16-year old was killed in a side underride accident with a tractor trailer has ended with a $42 million award to the teen’s family, according to wusa9.com. The verdict is reportedly the largest against a trucking companyfor its role in an underride accident.

Catastrophic Personal Injury Story

As indicated by the wusa9.com report, Riley H. was killed on a New Mexico highway in 2015 after his car became lodged underneath the side carriage of a trailer made by Utility Manufacturing Company. While the circumstances are unclear, the report states that the young driver ‘careened off an embankment.’

While negotiating the embankment, the driver and his car were trapped beneath the trailer and dragged for part of a mile on the interstate. Eventually, the vehicle became engulfed in flames and the decedent sustained catastrophic personal injury resulting in his early death.

Family Fought For Safety of Others

Riley H.’s family used their grief to drive change. The trucking company, Barkandhi Express and Utility, was accused of being negligent by failing to have a side underride guard in place on the tractor-trailer. Although very much in existence and capable of preventing the type of car entrapment that occurred during Riley’s deadly accident, the trucking industry has reportedly opposed underride guards for quite some time.

Initially, Riley’s family was offered a $14 million settlement with the caveat that they would not reveal the contents of internal documents brought to light during trial preparation. The documents allegedly underscored the industry’s fight against this safety measure. While the $42 million award will likely be tied up in appeals for years, Riley’s father is quoted as saying that it was more important for the family that the public know.

Statistics and Awards Might Start To Force Action

In the report, it was noted that representatives of the trucking industry admitted at trial that about 200 people die each year in side underride accidents on American highways. In a separate 2017 wusa9.com article, it was noted that survivors and families of victims of these accidents have played a part in pushing for legislative change.

The push has been met with a counter argument by the Truck Trailer Manufacturer Association in which any safety gains would be lost by having to add more trucks to the road. The argument was based on the notion that the added weight of side guards would force the removal of an equal weight in moved goods. The Insurance Institute for Highway Safety purportedly disagrees with this position.

Other Factors in Side Underride Trucking Accidents

Crashforensics.com states that there are multiple factors involved in side underride crashes. As such, guards may not prevent the accidents, just make them less deadly. Side underride accidents often happen at night or when the sun is at a low-angle, according to crashforensics. These conditions make the surprisingly large vehicle less conspicuous.