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. The truck accident lawyer has years of experience representing Miami clients who have been injured by an inattentive truck driver. We serve clients in Broward, Miami-Dade, and Palm Beach Counties, as well as throughout Florida, helping them sort through what are sometimes complex claims.Failure to Check Blind Spots
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.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.Discuss Your Case With a Fort Lauderdale Injury Lawyer
If you’ve been injured in a truck accident due to a driver’s failure to check blind spots, Fort Lauderdale injury attorney can help you with your claim. He will advocate on your behalf to help you pursue any compensation to which you may be entitled. Please call (877) 499-4878 or contact us online for a free, no-obligation consultation with the Law Offices.