Commercial trucks are considerably larger than standard passenger vehicles and have numerous blind spots. Truck drivers, like other motorists, must check their blind spots before changing lanes. If a truck driver fails to do so, it can cause an accident. Accidents involving commercial trucks typically cause devastating injuries, and people injured in a blind spot accident with a commercial truck have a right to pursue compensation for their harm. In these situations, Fort Lauderdale truck accident lawyer Joseph I. Lipsky can assist victims in seeking any damages that they may be entitled to recover from the truck driver and any other party responsible for their injuries. Mr. Lipsky regularly assists people involved in blind spot accidents throughout South Florida.
“Blind spots” are areas surrounding a vehicle that the driver is unable to see by using the rearview or side mirrors. Consequently, drivers are required to take actions in addition to looking in the mirrors to try to determine if another motorist is traveling in one of their blind spots. Commercial trucks have blind spots on all four sides. The blind spots are located directly in front of the truck cab and directly behind the trailer, under the window and along the body of the trailer on the driver’s side, behind the driver’s window, and on the right side along the body of the trailer.
Truck drivers have an obligation to operate their trucks in a safe and responsible manner, and when they fail to meet this obligation, they may be held accountable for any harm that they cause. Generally, a victim seeking damages following a blind spot accident will assert a negligence claim against the truck driver. To succeed in a negligence claim, a victim seeking damages must prove that the truck driver owed the victim a duty, the duty was breached through the truck driver’s actions or failure to act, and the breach caused the accident. The injured person must also prove that the accident caused quantifiable damages.
In many blind spot accident cases, the truck driver will argue that the motorist who was in the truck’s blind spot caused the accident, and therefore the motorist should be precluded from recovering any damages for the harm caused by the accident. Under Florida law, however, even if an injured person bears some of the fault for causing an accident, they can still recover damages, although any damages awarded to them will be reduced in proportion to their amount of fault. If you were injured in a truck accident, a seasoned injury lawyer can help you assess your potential claims and any obstacles to your recovery of compensation.
Frequently, drivers operating commercial trucks are employed by trucking companies. If a truck driver is working as an employee at the time of a blind spot accident, a person injured in the accident may be able to pursue claims against the trucking company as well. For example, if the driver’s employer knew or should have known that the driver was not fit to drive the truck and posed a risk of harm to other people, the employer may be held liable for negligently hiring or retaining the driver.
Blind spot accidents involving commercial trucks can cause severe injuries and, in many cases, death. If you or a loved one sustained harm due to a blind spot accident in South Florida, you should consult an experienced personal injury attorney regarding the compensation that you may be able to pursue. Joseph I. Lipsky is a skillful attorney who zealously pursues damages on behalf of his clients. Mr. Lipsky represents victims of trucking accidents in lawsuits in Miami-Dade, Orange, Broward, Monroe, and Palm Beach Counties, including in Miami, Orlando, Fort Lauderdale, Key West, and West Palm Beach. Our offices are located in Miami, Plantation, West Palm Beach, and Delray Beach, and you can contact us through our online form or at 1-888-352-5298 to set up a free and confidential meeting.