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Accidents happen every day because drivers fail to check their blind spots before changing lanes or exiting a roadway. When a large truck driver does not exercise reasonable care before changing lanes, however, the resulting damage can be catastrophic. Because many large trucks lack the visibility of smaller vehicles, truck drivers need to exercise a higher degree of care when navigating on the roadways.
Fortunately, truck accident victims may be able to pursue monetary compensation for their losses. Injured motorists should seek the guidance of a skilled lawyer with experience litigating blind spot truck accidents in Rock Hill.
Where are the Blind Spots on a Truck?
Trucks have much larger blind spots than the typical passenger car. Consequently, commercial vehicle operators have a responsibility to check these spots and ensure they do not collide with other vehicles. However, truckers do not always use as much caution as they should.
All drivers should know the common blind spots on a truck and avoid traveling in those areas. Someone driving an 18-wheeler will likely be unable to see in the following areas:
- About 20 feet in front of the cab
- About 30 feet behind the trailer
- The left side of the cab
- The entire right side of the vehicle
Being aware of blind spots is helpful, but drivers cannot always avoid traveling in these areas. As such, it is the trucker’s responsibility to check all of their blind spots when changing lanes or making turns. Anyone injured in a tractor-trailer wreck caused by obstructed vision should reach out to a nearby lawyer as soon as possible.
The Essential Elements of A Negligence Claim
Injured parties must prove the existence of three elements in a negligence claim:
- The defendant has a duty of care to the plaintiff
- The defendant breached the duty of care
- The defendant’s breach of duty resulted in the plaintiff’s injuries
If a driver caused an accident by not checking a blind spot, the driver breached a duty to the injured party. If the accident occurred due to the driver’s failure to be reasonably observant, they were most likely negligent.
In some cases, the at-fault party violated a rule of the road before a collision. While criminal and civil cases are separate, a traffic citation can be powerful evidence of fault in a truck accident case.
What Types of Damages Can an Injured Party Receive in a Negligence Claim?
In Rock Hill, victims of blind spot truck accidents may recover economic and non-economic damages. Economic losses include the past and future financial consequences of an accident. For example, medical expenses and ongoing treatment or rehabilitation are economic losses. Successful plaintiffs may also recover compensation for their lost wages.
Non-economic damages are also available to plaintiffs who suffered injuries in a blind spot truck accident. Examples include the pain and anguish following an accident, as well as other related injuries.
Comparing the Fault of Each Party in a Rock Hill Truck Wreck Case
Blind spot truck accidents commonly involve several injured and negligent parties. Every person involved in the accident, including the plaintiff, can be held partially responsible for the crash. Under South Carolina Code of Laws §15-38-15, courts in Rock Hill apply comparative fault in these scenarios to determine each plaintiff’s recovery.
Plaintiffs who are 51 percent or more at fault may not recover damages. If the plaintiff shares 50 percent or less of the blame, they can recover a reduced compensation award. For example, someone who was 10 percent at fault could recover 90 percent of their total damages.
Seek an Attorney’s Help for Blind Spot Truck Accidents in Rock Hill
Operating a large commercial vehicle comes with tremendous responsibility. Truck drivers must exercise reasonable care on the road, and when they fail to do so, they may be held responsible for any resulting injuries.
If you were hurt in a blind spot truck accident in the Rock Hill area, consider contacting a compassionate attorney. The legal team at Schiller & Hamilton could fight tirelessly for justice on your behalf. Call now to schedule a consultation and discuss your legal options.