Commercial trucks have areas surrounding the vehicle that are “blind,” meaning that the driver cannot see motorists beside them on the road. Blind spots can contribute to accidents, particularly when drivers do not take extra precaution to overcome their limited visibility. When a fatigued or careless truck driver’s negligent conduct behind the wheel causes a crash, victims have the right to file a personal injury claim for damages. Experienced Washington, D.C. truck accident lawyer Roger Gelb can help you understand your rights with respect to all at-fault parties following a crash. In some circumstances, both the driver and their employer may be liable. At the offices of Gelb & Gelb, P.C., our goal is to maximize compensation for clients by setting forth the true extent of their injuries, from past medical care to future anticipated treatment. As a recognized leading personal injury litigator in the D.C. metro area, Attorney Gelb has successfully secured more than one hundred million dollars for clients. Our team is here to provide efficient and effective services for individuals and their families throughout Maryland, Virginia, and Washington, D.C.
Truck drivers are legally required to show reasonable care behind the wheel, and to avoid causing foreseeable harm to others. Maneuvering a massive commercial truck requires dedicated attention to the road. Before turning or changing lanes, and when slowing for traffic, truck drivers must exercise their best judgment and scan the road for other motorists who could be injured if their truck or trailer swings wide, for example. Limited visibility caused by blind spots makes this vigilance particularly necessary.
When a truck driver’s negligence causes an accident and injuries, the victim can seek compensation in the form of accident-related costs. In order for a negligence claim to be successful, the injured individual must show evidence that the truck driver breached their duty of care, and that this breach directly caused the accident and actual damages. This evidence can take the form of witness statements, black box data, police records, and any known violation of state or federal trucking rules.
The duty referred to in a negligence claim includes the responsibility to act as a reasonable person would under similar circumstances. A breached duty of care may be constituted by a failure to check mirrors, or speeding into a turn without a blinker signal. In some situations, drivers may be distracted or drive while under the influence of drugs or alcohol.
Causation is essential to a successful negligence claim because it shows that without the defendant’s conduct, the victim would not have suffered harm. In a blind spot truck accident there must be a direct link between the trucker’s actions and the victim’s injuries.
In addition to drivers, employers can be liable for their employees’ negligent conduct under certain circumstances. Negligent hiring or negligent supervision are legal theories that may be used to hold an employer accountable. For example, if the employer knew or should have known that their driver’s prior behavior included dangerous driving, they may be held legally responsible for the driver’s negligent actions. Vicarious liability may also be used to hold a trucking company responsible if the driver has committed a negligent act within the course and scope of his employment. A seasoned truck accident lawyer can assist you in bring claims against all potentially responsible parties in your case.
Damages that may result from a blind spot collision can be extensive. Passenger vehicles can be crushed by the weight of a commercial truck, and injured drivers can suffer devastating physical injuries including spinal injuries, broken bones, and even death. Compensation in a successful negligence lawsuit includes all accident-related costs, with the intention being to place the victim where they would be had the accident not occurred. Economic losses can include amounts for emergency care, medical procedures, doctor visits, and lost wages. Additionally, non-economic harm for emotional suffering stemming from the crash can be included in your damages, as truck accident victims may endure post-traumatic stress or depression due to a decreased quality of life.
Blind spot truck accidents can cause tragic harm, and drivers should be held accountable for their negligent conduct. At Gelb & Gelb, we can advocate on your behalf so that you can focus on healing from such a traumatic event. To understand more about your right to monetary damages, contact our office today. Attorney Roger Gelb brings decades of experience to representing clients throughout VA, MD, and Washington, D.C. Our office can be reached by telephone at 202-331-7227 or through our online form.