Commercial trucks are involved in numerous accidents around the country. Due to their size and weight, they can cause catastrophic injuries, such as paralysis, traumatic brain injuries, crushing injuries, amputations, scars, and disfigurement. One common type of truck accident that can cause injuries is a backing truck accident. If you were injured because a truck backed up into you, you should consult the Miami truck accident lawyers at our Law Offices of Robert Dixon to determine whether you may have a viable claim for compensation for your injuries.
Taking Action After a Backing Truck AccidentCommercial trucks have larger blind spots and blind spots in more areas around the truck. The truck driver sits much higher than the drivers of passenger cars do, which compounds the danger of these blind spots or "no zones," areas in which a truck driver cannot see. One of the largest blind spots is directly behind the truck. Generally, trucks do not have center rear-view mirrors, and drivers cannot see vehicles that are just behind them. A truck driver who is backing up cannot see just behind the vehicle.
A backing truck accident in which a truck driver backs into a pedestrian, motorcyclist, or passenger car may be the fault of the truck driver. Truck drivers are supposed to back up carefully to ensure that nobody is hurt. If you were injured or a loved one was killed in a backing truck accident, you may be able to recover compensation by proving the truck driver's negligence in a personal injury lawsuit. You will need to show that the truck driver owed you a duty of reasonable care, the truck driver breached the duty of reasonable care, and causation and actual damages were present. Truck drivers may breach the duty of reasonable care in different ways when backing up. They may fail to check those blind spots that they are able to see, or they may drive drunk or while fatigued. They may speed while backing up or fail to secure cargo properly.
Often, a truck driver will argue that the plaintiff was comparatively negligent. In that case, the jury will evaluate the evidence and arguments and assign percentages of fault to both the plaintiff and the defendant or defendants. The plaintiff's recovery will be reduced by an amount equal to their proportion of fault. For example, if the damages are $1 million, and the plaintiff was 25% at fault, while the defendant truck driver was 75% at fault, the plaintiff will be responsible for $250,000 of the damages and can only recover $750,000 from the defendant truck driver.
It is important to investigate all of the possible causes that contributed to a truck accident. This is because a single truck driver may not have sufficient insurance coverage to cover all of the accident victims' injuries fully. Other parties that may be to blame include a trucking company, a third-party loader, or a manufacturer. For example, if the truck driver has a history of DUIs, and the backing truck accident was a result of drunk driving, our attorneys might look at whether the appropriate background checks were done before the truck driver was hired. A trucking company can be held directly liable for an accident under theories of negligent hiring, negligent supervision, or negligent training.
Damages that you may be able to recover if you establish liability include past and future medical expenses, lost wages, pain and suffering, permanent disability or disfigurement, loss of enjoyment, mental anguish, and loss of consortium. The amount of damages depends on the extent and severity of the injuries.
Consult an Experienced Miami Attorney for Your Truck Crash CaseLosses arising out of a truck accident are often extensive. It is crucial to be represented by an experienced attorney throughout the litigation. If you are injured or a loved one is killed in a backing truck accident, you should consult the experienced attorneys at our Law Offices of Robert Dixon. We represent people in Miami, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties. Call us at 877.499.4878 or complete our online form.