How Blind-Spot Truck Accidents Occur and What to Do After One
Safely maneuvering a commercial truck takes specialized training and skill. Because 18-wheelers are so much larger than passenger vehicles, truck drivers face unique challenges behind the wheel, especially when it comes to visibility. Despite sitting higher up on the road, large trucks have significant blind spots. When a truck driver fails to see a nearby motorist, bicyclist, or pedestrian, a collision can be disastrous.
In Texas, injured victims may be entitled to compensation after a blind-spot truck crash. However, these cases often involve going up against trucking companies and insurers who are reluctant to make fair payouts without a fight. An experienced truck accident lawyer from the Law Offices of Troy A. Brookover can review your case and discuss your legal options in a free consultation. Call or contact us today for more information.
How the Law Offices of Troy A. Brookover Helps After a Blind-Spot Truck Crash
Based in San Antonio, the Law Offices of Troy A. Brookover represents truck accident victims in Bexar County and throughout Central and South Texas. For 35 years, our law firm has provided aggressive legal representation focused on securing not just compensation, but also accountability, for people injured by the negligence of truck drivers and their employers.
Our legal team provides comprehensive service, meaning we can take over all the legal legwork for your blind-spot truck accident case while you rest and heal.
We will:
- Investigate the truck crash to determine what happened and who is at fault
- Gather evidence to support your claim that the accident was the result of a truck driver’s failure to check their blind spots adequately
- Place an appropriate estimate on your case’s value
- Submit your truck accident claim to the insurance company
- Represent you during settlement negotiations
- File a truck accident lawsuit if the other side won’t make a fair settlement offer
Firm founder Troy A. Brookover is board-certified by the Texas Board of Legal Specialization in Personal Injury Law and has a proven track record of recovering compensation for truck accident victims. Past case results include:
- $1.5 million ‒ Client sustained shoulder injuries that required surgery after a truck driver ran a stop sign
- $1.2 million ‒ For a woman who suffered a traumatic brain injury and neck injury in a multi-car pileup caused by an 18-wheeler
- $1 million ‒ Wrongful death case for the wife of a man killed in a crash involving a company truck
Each case depends on unique facts and circumstances, so past results do not guarantee a similar outcome.
Understanding Truck Blind Spots (No-Zones)
All motor vehicles have blind spots — areas around the vehicle that prevent the driver from seeing their surroundings directly or through the vehicle’s mirrors. Large commercial vehicles have especially large blind spots because of their long hoods, high position on the roadway, and a trailer that extends back as much as 53 feet behind the cab. These areas are often called the No Zones and are located on all sides of a truck:
- Front No Zone ‒ Can extend as far as 20 feet in front of the truck’s cab
- Side No Zone ‒ Occurs on both sides of the truck, with the passenger-side blind spot typically the largest
- Rear No Zone ‒ Extends about 200 feet from the back of the truck
The Federal Motor Carrier Safety Administration (FMCSA) advises drivers not to linger in truck blind spots, where the driver may not be able to see them. A good rule of thumb is that if you can’t see the truck driver’s eyes in the truck’s side mirrors, they can’t see you.
How Blind-Spot Truck Accidents Happen
According to FMCSA research, inadequate surveillance — including failing to look in the appropriate direction or looking but failing to see another road user — was associated with roughly 14 percent of large-truck crashes.
Failure to adequately check blind spots can lead to:
- Collisions due to unsafe lane changes
- Wide-right-turn accidents
- Merging accidents
- Rear blind spot collisions
- Front blind spot accidents
Blind-spot wrecks become much more likely when a driver fails to check their mirrors or lacks adequate safety equipment.
Truck-Blind Spot Accident in Texas: Who Is at Fault?
Multiple parties could be held liable in a blind-spot truck accident claim, including:
- The commercial vehicle driver
- The trucking company
- A company that manufactured defective components, such as mirrors that are easily dislodged or blind spot detectors that do not work as intended
- A third-party mechanic that failed to identify and fix dangerously worn equipment
- A shipping broker that hired a trucking company despite being aware of its poor safety record
- Other motorists
Your blind-spot truck accident attorney will work to identify all potentially at-fault parties so you can hold each one responsible for your injuries.
What Compensation Can You Recover After a Blind-Spot Truck Crash?
Truck accidents can result in severe injuries that leave accident victims with sky-high medical bills, lost income, and no promises of a full recovery. Your compensation in a blind-spot accident claim should reflect your past, current, and future losses.
In Texas, blind-spot accident victims may recover compensation for the financial and personal costs of a semi-truck crash. Compensation primarily comes in two forms:
- Economic damages ‒ Medical bills, lost wages, rehabilitation costs, vehicle repairs, reduced earning potential, costs of anticipated future medical care or assistance
- Non-economic damages ‒ Losses that do not come with a fixed dollar amount, such as pain and suffering, physical impairment, disfigurement, and loss of enjoyment of life
- Exemplary damages ‒ May be available in cases where there is clear and convincing evidence of harm caused by fraud, malice, or gross negligence rather than ordinary negligence
Evidence That Proves Fault in a No-Zone Case
A strong truck accident case is built on compelling evidence. In No-Zone cases, your lawyer may gather evidence like:
- The police crash report
- Footage from onboard video cameras
- Dashboard and surveillance camera video
- Electronic logging device (ELD) records
- Electronic control module (ECM) data
- Blind-spot sensor data
- Vehicle inspections
- Witness statements
- Driver qualification and training records
- Cell phone and dispatch records
- Accident reconstruction analysis
Texas Laws You Should Know
Both state and federal laws regulate the trucking industry. The critical Texas law concerning blind-spot accidents is § 545.060 of the Texas Transportation Code, which requires drivers to stay in a single lane whenever practical and not to move from that lane unless it is safe to do so. A driver who violates this rule – for example, by failing to check their blind spots before changing lanes – may be held liable for a subsequent traffic accident.
Another Texas law to be aware of is the state’s comparative negligence rule. You may recover compensation even if you are partly to blame for an accident, as long as your percentage of responsibility is not greater than 50 percent. However, any money awarded will generally be reduced according to your percentage of fault.
In addition, Texas generally places a two-year statute of limitations on personal injury claims. If you miss the applicable deadline, you could lose your right to pursue your claim in court. A blind-spot truck accident attorney can prepare your claim and submit it before the time limit expires.
What to Do After a Blind-Spot Truck Accident
Take these steps after a blind-spot truck accident if you’re able.
- Call 911.
- Get the truck driver’s name, insurance information, commercial driver’s license number, license plate number, and basic employment information.
- Take photos or videos of the accident scene.
- Ask witnesses for their contact details.
- Seek immediate medical attention, even if you don’t feel hurt. Follow the doctor’s treatment plan exactly as prescribed.
As you do so, consider taking the following steps to start building your injury claim:
- Check your auto insurance policy. Some insurers have notification deadlines.
- If you report the accident to the insurer before consulting an attorney, stick to the facts. Avoid speculating about fault or discussing your injuries with the insurance adjuster.
- Keep all medical bills, medical records, pay stubs, correspondence with insurers, and other accident-related documentation.
- Contact an experienced blind-spot truck accident lawyer to learn your legal rights and options.
Frequently Asked Questions
Can I recover if I was in the truck’s blind spot?
It depends. Simply being in a blind spot does not mean you did anything wrong. Perhaps the traffic conditions didn’t make it possible to move out of the truck’s No-Zone. Because these cases are so fact-specific, it’s important to consult a lawyer who can provide legal guidance after reviewing your personal situation.
Who can be held liable besides the truck driver?
Many different parties could be liable for a blind-spot truck accident, not just the driver. Other potentially liable parties include the trucking company, the shipping broker, and third-party service providers. An experienced truck accident lawyer with the Law Offices of Troy A. Brookover can investigate what happened and determine everyone who may owe you money.
Should I talk to the insurance adjuster?
You should generally notify your insurance provider as soon as possible after a truck accident, but first check your policy for any reporting requirements. Limit what you say to the facts, such as where and when the accident happened and who was involved.
You have no such responsibility to the trucking company or its insurer. If they contact you, you can decline to give a recorded statement and do not agree to a settlement until you’ve talked to an attorney.
Contact the Law Offices of Troy A. Brookover Today
If you need legal help after a blind-spot truck accident, contact a skilled personal injury lawyer from the Law Offices of Troy A. Brookover today. We will review your case in a free initial consultation and explain how we can pursue the full and fair compensation you deserve.