Big rigs sometimes collide with other vehicles on the road if their drivers fail to check their blind spots. Unfortunately, these types of truck accidents are common in Florida and throughout the United States.
Our truck accident lawyers can guide you through the process of seeking compensation from a careless driver. We work to assert the rights of victims during settlement negotiations and in the courtroom.
How Careless Drivers Cause Accidents
Due to a truck’s size, its blind spot is significantly larger than the blind spots of other vehicles on the road. A blind spot refers to an area that a driver cannot see through a vehicle’s rear view mirrors or side mirrors. As a result, they can be particularly dangerous.
Proving Negligence with Blind Spots
Truck drivers must be properly trained and reasonably careful when driving their big rigs. This includes being vigilant about blind spots. If a truck driver fails to check a blind spot before switching lanes or making a turn, that individual might be held liable under the theory of negligence. A negligence claim usually arises when someone causes a truck crash because he or she did not exercise reasonable care behind the wheel.
A plaintiff bringing a truck accident lawsuit must demonstrate the following elements:
- Defendant had a duty to exercise reasonable care
- Defendant did something that breached this duty of care
- Breach was the direct cause of the accident in which the victim was hurt
- Actual damages were incurred
All of these elements must be shown by a preponderance of the evidence, which means that they are more likely than not to be true.
It is important to note that a truck driver’s employer may also be vicariously liable for the victim’s injuries. This will be the case if the truck driver’s actions are found to have been within the scope and course of employment. These cases are extremely fact-intensive, which is why it is critical to speak to a truck accident attorney right away after an accident to determine which defendants may be held liable.
Damages for Truck Accident Injuries
A victim of a truck crash often will be able to recover both economic and non-economic damages, ranging from medical expenses and lost income to property damage and pain and suffering. In some cases, the compensation will come through an auto accident settlement, while in other cases it will come through an award at trial. The money can come in one lump sum, or it can be issued in installments over time.
Our Legal Team
At Lusk, Drasites, & Tolisano, our truck accident attorneys represent people who have been hurt by careless drivers. We know that injuries in a truck accident can be devastating, and you can expect the utmost compassion from our entire team.
Our injury lawyers can guide you through each step of the legal journey so that you can focus on healing. Our Florida truck accident attorneys can assist injured individuals near Cape Coral, Fort Myers, and Naples. To set up a free consultation, call us toll free at (800) 283-7442.