Who is Liable for Injuries Sustained in an Illinois Blind Spot Truck Crash?

 Posted on February 18, 2021 in Truck Accidents

Commercial trucks often measure up to 70 feet in length. Consequently, truck drivers must rely on mirrors and assistive technology like back-up sensors to see around the vehicle. Even with this equipment, it is hard for truck drivers to see vehicles or other objects in the truck’s “blind spots.” Blind spot truck accidents often lead to severe injuries and costly property damage. A personal injury claim may allow an injured person to recover compensation for these damages. However, determining liability for a blind spot truck accident is often a difficult task.  

Understanding Blind Spot Accidents

Truck blind spots are areas around the truck that the driver cannot see. If a car, motorcycle, pedestrian, or cyclist is in the truck’s blind spot, the driver may not even know that the person or vehicle is there. This can have disastrous consequences. Most driver education programs include information about truck blind spots or “no zones” and instruct drivers to stay out of truck’s blind spots if possible. Truck blind spots typically include the areas:

• Directly in front of the truck
• From the back of the truck to about 30 feet behind the truck
• Behind the driver’s side window to approximately the middle of the trailer
• On the passenger side of the truck including the two lanes to the right of the truck

Blind Spot Truck Accidents Often Involve Shared Fault

While it is hard for drivers to see objects in their blind spots, a truck driver is not automatically cleared of fault for an accident just because the other vehicle was in the blind spot. Truck drivers are expected to pay close attention to their surroundings, check mirrors before turning or changing lanes, and make adequate use of rear cameras, back-up sensors, and other technology.

In many blind spot truck accidents, liability for the accident is shared by the truck driver and the injured person. Illinois personal injury claims are subject to “modified comparative negligence” rules. In cases involving shared liability or shared fault, the injured person may still be entitled to compensation for damages. Injured plaintiffs who are 50 percent or less at fault for an accident may still receive reimbursement for medical bills, lost income, vehicle damage, pain and suffering, and other damages. The amount of compensation that a plaintiff may receive for a blind spot truck accident is reduced by his or her share of fault. For example, if a driver is considered to be 30 percent at fault because he or she failed to keep out of the truck’s blind spots, the driver may still recover 70 percent of the damages caused by the accident.

Contact a Rockford Blind Spot Truck Accident Lawyer

If you or a loved one were hurt in a blind spot truck accident, you may be able to recover compensation for your damages. An experienced Winnebago personal injury attorney from Mannarino & Brasfield, A Division of Schwartz Injury Law can help you file a claim and pursue compensation for medical expenses, lost income, reduced earning capacity, and much more. Call 815-215-7561 for a free, confidential consultation.

Source:

https://www.fmcsa.dot.gov/ourroads/large-blind-spots