Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.
Large trucks have a more blind spots than most cars or other vehicles on the road. 18-wheeler trucks are often designed with more mirrors and even more recent gear sensing devices which alert the driver when changing lanes or when they cannot see other drivers in their path.
Most frequently, blind spot accidents occur on a highway or roadway in which there is more than one lane going in each direction. There are many reasons why an accident involving blind spots could occur. An experienced lawyer in your area could explain the unique aspects of a DC blind spot truck accident case.
The blind spot on an 18-wheeled tractor-trailer is typically on the trailer portion of the truck, which a large area. It is an area where it is difficult for the truck driver to see what is to its side and the side rear portion of both the driver side and passenger side. That creates a blind spot on either the driver side and also on the passenger side of the vehicle.
Just like on many cars today on the road, there are sensing devices available. Not all trucks are equipped with it, just like not all cars are equipped with these types of devices, but these devices typically have an audible sound which alerts the driver that they may be trying to change lanes when it’s unsafe to do so.
The truck driver is liable. The trucking company could be held liable if the truck driver was within the scope of their employment. Those would be the typical liable parties. The defense and indemnification would be provided by the insurance company for either the driver and the trucking company.
To prove that negligence has occurred, there needs to be several elements present. This includes duty, breach, causation, and damages. Every driver owes everyone on the road a duty when that duty is breached, and that breach of that duty causes an injury.
For example, a driver has a duty to operate their vehicle without negligence. If they breached their duty, and by breaching their duty, they caused the accident, and that accident causes damages either in the form of property damage or injuries, then they have the requisite elements to prove a prima facie case of negligence.
A driver would not be considered negligent if they are driving or traveling through a truck’s blind spot. That movement is necessary when traveling. It is not reasonable to expect other drivers near a truck despite the warning on a tractor-trailer on a truck itself that indicates that the other driver should be wary and are responsible for anything that may happen while in the truck driver’s blind spot.
Additionally, it is not reasonable to expect other vehicles to avoid that blind spot. Drivers may not know where the blind spot is exactly next to the vehicle, but beyond that, they have to be able to travel independently of what the truck is doing.
If the driver of a car is involved in an accident and that driver is partially at fault or fully at fault, then the driver of that car is not entitled to any recovery in the District of Columbia because they would be at least contributory negligent.
Determining liability or who is at fault for a truck accident involving blind spots can be extremely complicated. A seasoned attorney can navigate through the unique aspects of a DC blind spot truck accident case and help you get the compensation you need. Call Gelb & Gelb, P.C., to get started on your case.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.