When truck drivers fail to check their blind spots before making a turn, serious accidents and injuries can happen. Similarly, when trucking companies fail to properly train their drivers, the same consequences may arise.
If you recently suffered injuries in a blind spot trucking accident, the skilled legal team at Shunnarah Truck Accident Lawyers can help. Our attorneys will promptly evaluate your claim, explain your options, and pursue the compensation you deserve.
For a free case evaluation and legal consultation with a skilled blind spot truck accident lawyer, please call us at (205) 957-4995 or contact us online today.
Who is Responsible for a Blind Spot Trucking Accident?
When a truck driver or trucking company acts negligently, they can be held responsible for accidents blind spots cause. Blind spots are areas around the truck where the driver has limited or no visibility. Given the size of most trucks, these blind spots can be quite large, especially along the sides, rear, and sometimes even in front of the truck. This lack of visibility makes it challenging for truck drivers to see smaller vehicles, pedestrians, or motorcyclists.
A negligent truck driver may fail to properly check these blind spots before making a lane change, turning, or merging. When a truck driver does not adequately ensure that these areas are clear, the risk of a collision increases dramatically. For instance, if a driver moves into another lane without properly checking the blind spots, they may sideswipe a car, causing serious injuries or even fatalities.
Trucking companies can also share in the liability for these accidents. For example, they may fail to properly train their drivers on the dangers of blind spots and how to avoid them. If a company hires an inexperienced driver or one with a poor driving record, they may also be considered negligent. Furthermore, if the trucking company does not maintain the truck’s mirrors or other safety equipment designed to reduce blind spots, this negligence can contribute to an accident.
In addition, some newer trucks are equipped with blind spot monitoring systems, which can help alert drivers to vehicles in their blind spots. If a trucking company fails to ensure that these systems are functional or properly used, they may be responsible for accidents that occur as a result.
In a legal context, proving negligence in a blind spot trucking accident often involves demonstrating that the truck driver or company did not take reasonable steps to avoid the collision. This can include showing that the driver failed to use their mirrors, didn’t signal properly, or that the company did not provide adequate training or maintenance. Victims of such accidents can pursue compensation for their injuries, including medical expenses, lost income, and pain and suffering.
Both truck drivers and trucking companies have a responsibility to prevent blind spot accidents. When they fail in this duty, they can be accountable for the damages they cause.
Proving Negligence in a Blind Spot Truck Accident Case
Proving a blind spot truck accident case requires gathering strong evidence to show that the truck driver or trucking company was at fault. Several key pieces of evidence can establish negligence and support a victim’s claim for compensation.
- One of the most crucial pieces of evidence is the police report. When an accident occurs, law enforcement officers typically respond to the scene, investigate, and create a report detailing their findings. This report often includes information about the accident’s location, weather conditions, and statements from the drivers involved. The police report may also contain the officer’s opinion on who was at fault, which can be persuasive in a legal case.
- Another important piece of evidence is witness testimony. Eyewitnesses who saw the accident happen can provide valuable information about how the crash occurred. Their accounts can help clarify whether the truck driver failed to check their blind spots, changed lanes without signaling, or made another error that led to the collision. Witnesses can include other drivers, pedestrians, or passengers in nearby vehicles.
- Photographs and video footage are also critical. Pictures of the accident scene, vehicle damage, skid marks, and road conditions can provide a visual record of what happened. In some cases, there may be video footage from traffic cameras, dash cams, or nearby businesses that captured the crash. This footage can show the truck’s movement leading up to the crash and help demonstrate whether the driver checked their blind spots or took evasive action.
- Electronic data from the truck’s onboard systems can offer further evidence. Many commercial trucks are equipped with devices that record data such as speed, braking patterns, and lane changes. This data can help reconstruct the accident and determine if the truck driver was driving recklessly or failing to monitor blind spots.
- Finally, expert testimony can be vital in proving a blind spot truck accident case. Accident reconstruction experts can analyze the evidence and provide a professional opinion on how the crash occurred. They can explain complex concepts, like blind spots and driver behavior, in a way that is easy for a judge or jury to understand.
Common Injuries in Blind Spot Trucking Accidents
Blind spot truck accidents can cause serious injuries due to the size and weight of trucks. When a truck collides with a smaller vehicle, the impact can be devastating. Some of the most common injuries that occur in these types of accidents include:
- Whiplash and Neck Injuries – Whiplash is a common injury in car accidents, especially in blind spot collisions. It happens when the head suddenly jerks forward and then backward, straining the neck muscles and ligaments. This can cause pain, stiffness, and limited range of motion in the neck. In severe cases, whiplash can lead to long-term issues.
- Spinal Cord Injuries – The force of a truck accident can result in serious spinal cord injuries. These injuries can range from herniated discs to more severe damage, like partial or complete paralysis. Spinal cord injuries often require extensive medical treatment, including surgery, physical therapy, and sometimes long-term care.
- Traumatic Brain Injuries (TBI) – Head injuries are common in blind spot truck accidents. If a person’s head strikes a hard surface during the crash, it can lead to a concussion or a more serious traumatic brain injury. TBIs can cause symptoms like headaches, dizziness, memory loss, and even changes in personality or cognitive function.
- Broken Bones – The impact of a truck accident can easily cause fractures or broken bones. Commonly broken bones in these accidents include the ribs, arms, legs, and pelvis. Depending on the severity, these injuries may require surgery, casts, or physical therapy to heal properly.
- Internal Injuries – Internal injuries are often more dangerous because they may not be immediately obvious. The force of a truck collision can cause damage to internal organs, such as the lungs, liver, or spleen. Internal bleeding is a serious concern and may require emergency surgery.
- Cuts and Lacerations – Glass, metal, and debris from the vehicles can cause deep cuts and lacerations. Cuts can be severe and lead to significant blood loss or scarring.
- Emotional and Psychological Trauma – Beyond physical injuries, victims of blind spot truck accidents may also suffer from emotional and psychological trauma. This can include anxiety, depression, or post-traumatic stress disorder (PTSD), which may require counseling or therapy.
Recovering Damages in Blind Spot Truck Accident Cases
If you suffered an injury in a blind spot truck accident, you may be entitled to compensation. These damages intend to cover the losses and hardships you experience due to the accident. The compensation you can recover generally fall into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.
Economic damages compensate you for the financial losses you’ve suffered because of the accident. These typically include:
- Medical Expenses – This covers the cost of all medical treatment related to the accident, including hospital stays, surgeries, doctor visits, physical therapy, prescription medications, and any future medical care you may need.
- Lost income – If your injuries prevent you from working, you can receive compensation for the income you have lost. This includes earnings lost during recovery and any reduction in earning capacity if your injuries prevent you from returning to your previous job.
- Property Damages – If your vehicle or other personal property was damaged in the accident, you can recover the cost of repairs or the replacement value.
- Other Out-of-Pocket Expenses – This may include things like transportation costs to medical appointments or the cost of hiring someone to help with household chores while you recover.
Non-economic damages compensate you for non-financial hardships resulting from the accident. These damages can be more subjective and include:
- Pain and Suffering – This refers to compensation for the physical pain and discomfort your injuries caused. It can also cover the emotional distress and mental anguish, such as PTSD, that you have experienced.
- Loss of Enjoyment of Life – If your injuries have affected your ability to enjoy daily activities or hobbies you once loved, you may be compensated for this loss.
- Loss of Consortium – If the accident has affected your relationship with your spouse, such as the loss of companionship or intimacy, you may be entitled to compensation.
Punitive damages are not awarded in every case. They intend to punish the truck driver or trucking company for particularly reckless or egregious behavior and to deter similar conduct in the future. These damages are awarded at the court’s discretion and are usually reserved for cases involving intentional harm or extreme negligence, such as impaired driving.
Successfully Settling or Litigating a Blind Spot Truck Accident Case
When you are involved in a blind spot trucking accident, one of the biggest decisions you will face is whether to settle the case or take it to court. Both options have their pros and cons, and the best choice depends on your specific situation.
Settling a case means you agree to accept a certain amount of money from the trucking company or their insurance provider in exchange for dropping the lawsuit. One of the biggest advantages of settling is that it can save time and reduce stress. Court cases can take months or even years to resolve, while settlements can be reached more quickly. Settling also provides a guaranteed outcome – you know exactly how much compensation you will receive, rather than risking a court decision that may not go in your favor.
However, settling also has downsides. The amount offered in a settlement is often less than what you may win in court. Insurance companies usually want to pay as little as possible, and they may pressure you to settle quickly, sometimes before you fully understand the extent of your injuries. If you settle too soon, you may end up with less money than you need to cover medical bills, lost income, and other expenses.
Litigating a case means taking your case to court and letting a judge or jury decide the outcome. One advantage of litigation is the possibility of receiving a larger award. If you have a strong case, the court may grant you more compensation than you were offered in a settlement. Litigation also allows you to hold the trucking company accountable, especially if their negligence is severe.
However, litigation comes with risks. Court cases can be lengthy and expensive, with legal fees adding up over time. There is also no guarantee of winning. Even if you do win, the other side may appeal the decision, dragging out the process even longer.
Deciding whether to settle or litigate depends on your priorities and the specifics of your case. If you need a quick resolution and are willing to accept a smaller amount, settling may be the best option, but if you are looking for maximum compensation and are willing to go through a lengthy court process, litigation can be the better choice.
Contact an Experienced Truck Accident Attorney Right Away
If you were recently involved in a blind spot trucking accident, the skilled legal team at Shunnarah Truck Accident Lawyers can assist. We can aggressively fight for your interests every step of the way, negotiate with insurance adjusters, or litigate your case at trial in pursuit of the justice and compensation you deserve.
For a free case evaluation and legal consultation with an experienced truck accident attorney, please call us at (205) 957-4995 or contact us online right away.