Commercial trucks have significant blind spots, which could make tractor-trailer drivers more prone to becoming involved in a serious accident with another motorist. If you or a loved one were severely injured in a tractor-trailer crash, consider reaching out to a skilled Irving blind spot truck accident lawyer who could assist with your case.
A dedicated personal injury attorney could help calculate your losses and pursue financial damages on your behalf. With the aid of a seasoned truck accident lawyer, you may be able to recover compensation for your medical bills, loss of life enjoyment, mental anguish, pain and suffering, and other damages.
Different Types of Blind Spots
Large tractor-trailers have three primary blind spots, including the sided, front, and rear. The blind spot on the right side of a big rig could be the entire length of the trailer and include three separate lanes. Because of this immense blind sport, motorists are advised to always pass trucks on the left. While there is a blind spot on the left side, truck drivers are trained to expect motorists passing on that side.
The second primary blind spot is the front of the truck. Truck drivers sit in elevated cabs, which can obstruct their view of vehicles directly in front of them. When another motor vehicle gets too close, the truck’s hood could entirely block them from view. The front blind spot is typically 20 feet long.
The third primary blind spot is in the rear of the big rig. Motorists should stay as far as 25 car lengths behind a tractor-trailer, which equals just over the length of a football field.
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Common Causes of Big Rig Crashes
There are a variety of scenarios which may cause a blind spot truck accident. Often, these wrecks occur when a truck driver does not see a smaller vehicle when turning or changing lanes, resulting in a crash. Some common causes also include:
- A truck driver’s aggressive driving, such as cutting off another vehicle or hitting the brakes to signal that another motorist should back off
- Vehicles following one another too closely
- Passenger cars traveling in the blind spots of a large truck
- A truck driver’s failure to check their blind spots prior to making a lane change
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Potential Damages Available
In blind spot truck crashes, victims may suffer injuries such as deep lacerations, fractures, broken bones, spinal cord injuries, neck injuries, and back injuries. Severe traumatic brain injuries, organ damage, burns, crushed limbs, and internal bleeding are also common injuries in these types of cases.
Depending on the extent and severity of the injuries, injured claimants may be eligible to recover compensation for their damages.
A skilled blind spot truck wreck lawyer in Irving could help injured claimant’s recover compensation for damages such as:
- Medical costs, such as emergency and ambulance services, doctor visits, hospital stays, surgery, and prescription medication
- Future medical bills, when injuries are so severe that they necessitate multiple surgeries, a lengthy recovery, or cause a permanent disability
- Rehabilitation costs and physical therapy
- Lost income and earning capacity
- Loss of consortium
- Pain and suffering
- Loss of quality of life, disfigurement, scarring
The Deadline to File a Claim
As outlined under Texas Civil Practice and Remedies Code §16.003, injured parties have two years from the date of the loss to file a lawsuit with the courts. It is essential to understand and adhere to this rule, as failure to meet the two-year deadline could result in a case dismissal. A qualified Irving attorney representing a blind spot truck crash victim could ensure all filing deadlines are met.
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What is Negligence?
Truck drivers are required to exercise reasonable care to avoid foreseeable risks of harm to other people. That means, they must be especially careful when they slow down, change lanes, and turn. So a driver injured on truck’s blind spot maybe catastrophically injured and he or she can sue for negligence.
There are four elements to prove a negligence claim. This includes duty, breach of duty, actual and proximate cause, as well as actual damages. In many cases, it is appropriate to sue the trucking company that employed the driver. A Company may be held responsible as well where a driver commits a negligent act within the course and scope of his employment with the trucking company, and with driving for the employer’s interest. This means that trucking company might not be liable where an off duty truck driver fails to check his or her blind spot while running a personal errand.
An employer can be directly liable where truck driver employee is negligent if the employer knew or should have known the truck drivers should not be hired or had an employment history involving dangerous driving. For example, the trucking company knows an employee has a drinking problem and looks the other way that can be responsible under those facts.
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Modified Comparative Negligence in Irving
Texas follows the legal theory of modified comparative negligence. Under this law, if a person is found to be partially at fault for their injuries, they would not be compensated for that percentage for their injuries.
If, for instance, a person was found to be 40 percent at fault for their injuries, their recoverable damages would be reduced by the same amount. Additionally, if the injured claimant is found to be more than 51 percent at fault, they may be ineligible to recover compensation for damages per Tex. Civ. Prac. & Rem. Code §33.001.
Reach Out to an Irving Blind Spot Truck Accident Attorney
When a truck collision occurs because of a party’s negligence, the responsible individual or entity may be held liable for damages. It could be wise to speak with a seasoned Irving blind spot truck accident lawyer to discuss your potential case. You may be eligible to secure compensation for your injuries and other losses.
Let a knowledgeable attorney help your case. Call now to schedule a consultation.
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