All vehicles have blind spots, which are areas of the road that are not visible to a driver even with the use of mirrors. SUVs, which have gained more and more popularity over the years, have even more blind spots compared to standard-sized vehicles. An accident caused by a driver who fails to properly check his or her blind spots can lead to devastating, life-threatening injuries to those involved. When a careless driver causes these accidents and injuries, he or she should be held accountable for the harm that results. Failing to be aware of blind spots while driving any vehicle is dangerous, but if someone is operating a large truck, that failure can be extremely hazardous. Serious accidents often occur when a truck driver fails to check blind spots, causing life-altering injuries to other people on the road. Miami car accident lawyer Robert Dixon and his colleagues at the Law Offices of Robert Dixon assist victims injured in blind spot car accidents with pursuing the compensation that they need to recover. Our firm offers experienced and knowledgeable legal representation to people throughout South Florida, including in Miami-Dade, Broward, and Palm Beach Counties.
Failure to Check Blind Spots In Trucks
Because of their large size, trucks have more and larger blind spots than other vehicles on the road. Blind spots are areas of the road that a driver cannot see when looking through side or rear-view mirrors. As a result of their size and structure, trucks have blind spots on every side of the vehicle. Blind spots are even more dangerous if a truck driver is changing lanes or trying to make a wide turn. A truck driver may be held liable for an accident caused by his or her failure to notice a vehicle in a blind spot.
Blind Spot Car Accidents
Although many blind spot car accidents involve trucks, each vehicle is subject to its own blind spots, or areas that cannot be seen through a rearview or side mirror. All drivers, therefore, must take the time to turn to look out a window or another opening in order to check for other motorists, bicyclists, or pedestrians when making a maneuver involving a blind spot. When a driver fails to take such measures, serious accidents and injuries can result. Although many of these collisions are unavoidable for victims, there are ways to minimize the chances of being involved in a blind spot accident, such as being aware of other motorists around you and avoiding swerving vehicles or drivers engaging in other erratic behavior. Some common contributing factors to blind spot accidents include:
- Driver fatigue
- Driving under the influence of drugs or alcohol
- Inexperienced drivers, or people driving an unfamiliar vehicle
- Visually impaired drivers
- Distracted driving practices, such as texting or cell phone use, eating, grooming, or conversing with others in the car
Serious injuries, such as brain trauma, spinal cord damage, broken bones, and others, can result from a blind spot car accident. Many of these involve long recovery efforts with doctor visits, surgery, and physical therapy, all of which can be costly. It is important that the costs associated with injuries caused by a negligent driver are borne by that driver, and our Miami attorneys are committed to this goal.
Holding Negligent Drivers Responsible
Drivers should be appropriately cautious when turning, shifting lanes, changing speeds, or making other maneuvers in which the risk of striking someone in their vehicle’s blind spots is high. When a driver fails to take such measures and injures another person on the road, he or she should be held accountable for the negligent act. Negligence exists when drivers breach their duty to other road users to act as a reasonable person would act under the circumstances. Reasonable drivers glance in their vehicle’s blind spots before changing lanes or turning. Failing to do so would be a breach of their duty. When negligence is shown, a victim may be entitled to damages in the forms of past and future medical expenses, lost income, loss of earning capacity, and pain and suffering. Families who have lost loved ones in fatal accidents may also be awarded compensation for burial and funeral costs and loss of support.
Protect Your Rights After a Florida Crash
All drivers have a duty to exercise reasonable care while operating their vehicles. Truck drivers must be especially cautious if they are turning, shifting lanes, or changing speeds, in order to avoid striking another vehicle in their blind spots. If they forget to check a blind spot, a victim of an ensuing accident can file a negligence lawsuit. To show negligence, an injured person must prove that:
- The driver owed a duty of care;
- The driver breached that duty by failing to check a blind spot;
- This breach caused the victim’s injuries; and
- The victim incurred damages as a result.
If an injured person proves that a truck driver breached his or her duty of care, the truck driver may be held responsible for any injuries that resulted from the crash. In addition, the commercial driver’s employer may be held vicariously liable if it is shown that the driver was acting within the scope and course of employment.
In Florida, courts also take into account comparative negligence. If the truck driver or company claims you were also at fault for the accident, you may be held partially liable. However, since Florida is a pure comparative fault state, you may still receive compensation for your injuries. Damages will be offset by the degree to which you were responsible for the collision, but you may still be able to get some compensation, even if you are found mostly to blame.
Spoliation of Evidence and Damages
Sometimes evidence is lost in truck accidents, either by mistake or under suspicious circumstances. Spoliation occurs when evidence is altered, destroyed, or otherwise lost in order to hinder the progress of a claim. In such circumstances, a court may impose sanctions such as excluding certain testimony or even dismissing a claim.
After liability is proven, a victim may recover damages in the form of past and future medical expenses, loss of income, property damage to a vehicle, or pain and suffering. In the tragic event that a truck accident has led to a fatality, certain family members may file a wrongful death claim to receive compensation for their loved one’s medical treatment and any burial costs. In Florida, a wrongful death suit must be filed within two years, so it is important to consult an experienced attorney in order to preserve your rights.
