Tractor-trailers are long, tall, and weigh up to 80,000 pounds. These mechanical monsters have major blind spots on all four sides that are often the source of severe and fatal accidents. If a trucker hits and injures you because of a blind spot, you can be entitled to compensation in a lawsuit. Talk to a tractor-trailer accident attorney today if you have a truck accident claim.
What Are A Commercial Truck’s Blind Spots?
All motor vehicles have blind spots, but those on a car are relatively small. On the other hand, commercial trucks have large blind spots that contribute to many serious accidents. Truckers’ blind spots are also called ‘no zones,’ meaning that motor vehicle drivers should stay away from them. However, if a trucker hits you in one of the no zones, you still can receive compensation in a lawsuit for your injuries.
A commercial truck’s blind spots are:
- In front of the truck, about 20 feet in front of the rig’s bumper. The long hood on most commercial trucks means a smaller vehicle can move in and out of this area without being seen by the trucker.
- Directly behind the truck trailer: The trucker cannot see anything about 30 feet behind the trailer. The driver can only see cars that follow further behind than 30 feet. You also cannot see what is in front of the truck, which can lead to rear-end crashes.
- Two lanes to the right of the commercial truck: The driver cannot see this far to the right on the other side of the cab, so it’s not recommended to pass trucks on the right.
- One lane to the left of the truck: This is also hard for the driver to see, especially from the trucker’s door to the middle of their trailer. When passing, try not to linger in this area.
These large blind spots should be avoided while driving around a big rig. Being in a truck’s blind spot can lead to many avoidable merge and lane change crashes. Other blind spot accidents occur in the rear and sides of the trailer. Still, the truck driver can be liable for your injuries and losses if you are in a blind spot accident with the truck. Talk to a truck accident lawyer for a free case review to learn if the driver was at fault.
What Are The Dangers With Commercial Truck Blind Spots?
Truck blind spots are bigger and more numerous than those on regular vehicles. There are several significant dangers involved with truck blind spots:
- More chances of sideswipe crashes: The blind spots on the side of the trailer are hazardous. Cars that are there too long can get hit. The driver is supposed to monitor their blind spots, but the sooner you get around the truck, the better. It’s easy for a truck driver to become distracted or fatigued, so they may forget to monitor their blind spots.
- More rear-end crashes: The huge blind spot behind the truck means the driver cannot see anything for about 10 yards behind the trailer’s rear. A rear-end crash can be devastating, so maintain a distance from the trailer.
- More front crashes because of sudden braking: The front blind spot can cause severe frontal crashes with smaller vehicles. If a car is too close to the truck and brakes suddenly, there can be a catastrophic accident.
Who Is Liable For A Truck Blind Spot Crash?
Suppose you are driving next to a truck on the highway and passing it. The trucker doesn’t see you and merges into your lane, causing you to run off the road and slam into a concrete barrier. Your car is wrecked, and you suffered an injury. Who is at fault?
Fault depends on the facts of the case, but in this situation, the driver or their employer may be liable for the accident. Truck drivers have a higher duty of care than other drivers to drive safely and obey the law. If you were passing according to the law and not speeding, the trucker can be responsible for your injuries.
After all, the Federal Motor Carrier Safety Administration (FMCSA) requires carriers to conduct extensive driver training to ensure all truckers drive safely. One key part of truck driver training is monitoring blind spots with care.
For example, the FMCSA tells truckers to check their blind spots every eight seconds or so. They also advise drivers to check well ahead of the truck every 15 seconds, or ⅓ miles on the highway, for any slowdowns in traffic.
The trucker may not be the only party liable, though. A carrier probably employs the truck driver and can be vicariously liable for your injuries. Truck companies are usually responsible for their drivers’ negligent actions. They also are responsible for hiring safe drivers and training them. If their drivers get into accidents, the trucking company may have to pay your damages.
However, it’s possible you can be unfairly blamed for a blind spot accident, as described above. It’s essential to have a skilled truck accident attorney representing your rights as soon as possible. The insurance company wants to limit payouts and will try to blame you for the trucker’s error if it can.
Other entities can be responsible for a truck blind spot accident, depending on the situation:
- Another driver: If another car driver hits you in the crash and causes you to hit the truck, that driver can be liable.
- A maintenance company: If a defective part or truck contributed to the accident, another company can be liable for your damages.
- Cargo company: Some truck crashes happen because of an improper load, which may have been put on the truck by another company.
- Weather conditions: Bad weather, such as rain, fog, or snow, can contribute to blind spot accidents. However, the truck driver has a CDL and can drive safely or pull off the road until the weather clears.
Pursuing Compensation For A Blind Spot Truck Crash
A truck driver didn’t see you in their left blind spot and hit your vehicle. How do you get compensation for your vehicle damage and injuries? Generally, truck accidents involving blind spots are the fault of the driver and their employer. To obtain damages in a truck accident claim, your personal injury attorney must prove the following to show negligence:
- The driver had a duty of care to you. For example, a commercial truck driver has a duty of care to drive safely and make lane changes without endangering others.
- The driver violated their duty of care by hitting your car while changing lanes.
- You suffered injuries and damages related to the accident.
You may receive compensation for medical bills, lost earnings, and pain and suffering if your attorney proves these elements of legal negligence. Your truck crash lawyer will rely on various types of accident evidence to prove liability. The evidence may include the following. Your truck accident attorney can obtain accident evidence that you can have difficulty obtaining:
- Truck inspection records can prove that a vehicle problem contributed to the accident. For example, a truck side mirror may have been broken or cracked, preventing the driver from seeing you.
- The event data recorder, also called a black box, may have critical accident data that can prove how the accident happened. It may also show the truck’s speed, direction, and brake patterns. A truck accident attorney can obtain this data quickly, or it can be deleted.
- Dashcam footage of the crash. Most commercial trucks have dash cams, and other vehicles in the accident may also have them.
- Cell phone records can be checked to see if the driver was distracted and caused the blind spot accident.
- The trucker’s training and employment records may show a poor driving record or training.
- Truck driver logs can show if the driver was driving too much, violating hours of service rules.
- The police report may mention that the driver was at fault.
- Truck company investigators probably have photos and videos of the accident scene. Your attorney can review this information to understand if the trucker caused the accident.
A seasoned truck accident attorney can review truck accident evidence to determine liability. Obtaining all the evidence mentioned above is difficult, but your truck accident lawyer is tenacious and will handle it.
What Will Be The Outcome of a Truck Accident Claim?
If a trucker injured you in a crash, you want compensation for your injuries. The most common outcome is a settlement with the trucking insurance company. Both sides of a truck accident claim usually wish to avoid a lengthy personal injury lawsuit.
First, you may want money for vehicle damages, medical bills, and lost earnings as soon as possible. A settlement usually takes less time than a trial. There also is financial certainty with a settlement because you know how much money you will get (minus your attorney’s fees and expenses).
Second, a court trial might get you more money from a sympathetic jury. However, the court case can take months or years. Also, there is a chance that the court will rule in favor of the trucking company, so you get nothing. The trucking company also may want to avoid a trial because of the risk of paying more.
The other possibility is a settlement is impossible, and the case goes to trial. Your truck accident attorney will know how to prepare your case evidence for the best chance of success. You should listen to your attorney’s advice about taking the best settlement offered or going to trial.
The other big question about truck accident claims that injury victims have is, “How much can I get”? Every case is different, but the following factors will likely influence your settlement or jury award:
- The severity of injuries: The more serious the injuries, the longer it takes to recover and the higher the case value. Many truck accident injuries are severe, such as spinal cord damage, head trauma, multiple broken bones, burns, disfigurement, internal injuries, etc. These injuries may be permanent, so the case value is higher.
- Medical bills: People who are severely injured and permanently disabled may have a case value of hundreds of thousands or millions. That is why hiring a truck accident attorney to represent you is always essential. Much money is on the line, and your future health and recovery are at stake.
- Lost earnings: Someone with a permanent injury may be unable to work again. You should receive money for lost income and lost earning capacity. On the other hand, a minor injury may allow you to return to work after a month or two; thus, the case value is lower.
- Pain and suffering: You may have extensive injuries requiring painful treatments. Your case value is higher than if there is a minor injury with less pain.
- Age and occupation: Someone younger with a higher income can receive more in a lawsuit because they have more work years ahead.
- Insurance: The amount of insurance coverage will also affect the settlement amount. Trucking companies must carry more liability insurance so ample coverage may be available.
- Settlement or trial: A settlement is probably for less than the full case value, but it’s ‘money in the bank.’ This means you know what you will receive after your attorney deducts their legal fees and expenses. A trial can net more money, but the outcome is unknown.
Speak to a truck accident attorney today to determine if you have a viable claim. Your attorney is paid a portion of your settlement, so they are highly motivated to maximize your payout.
Contact A Tractor-Trailer Accident Attorney Now
A tractor-trailer swerved into your lane and wrecked your vehicle. You have injuries and can’t work. You must retain a truck accident attorney now to ensure maximum compensation for your damages. A truck accident lawyer can pay you for your injuries and other losses. Call a truck crash lawyer in your city today for a free legal consultation.
