Being in a truck's blind spot doesn't automatically that you can't sue if you get into an accident with a truck. Here are some things that can determine who was at fault.
Lane Discipline
In a blind spot crash involving a truck, the concept of lane discipline is crucial for determining liability. Lane discipline refers to the proper use and adherence to designated lanes on the roadway. Both the truck driver and the other vehicle involved are evaluated for their behavior.
If either party is found to have unlawfully changed lanes, weaved through traffic, or not followed lane markings, it can significantly impact the determination of liability. For example, if the truck abruptly changed lanes without providing sufficient indication or disregarded traffic rules regarding lane changes, the truck will likely be liable.
Signal Usage
The use of turn signals plays a vital role in determining liability in a blind spot crash. Proper signal usage allows other drivers, including truck drivers, to anticipate and respond to lane changes or maneuvers.
For example, if the truck driver failed to activate their turn signal or the other vehicle abruptly changed lanes without signaling, it may demonstrate a lack of care and increase the likelihood of liability being assigned to that driver.
Rearview Mirror and Blind Spot Check
One of the responsibilities of a truck driver is to conduct proper rearview mirror checks and blind spot checks before changing lanes. The blind spot is an area alongside the truck where the driver's direct vision is obstructed. Failing to adequately check blind spots increases the risk of collision with other vehicles.
If it can be established that the truck driver did not take reasonable precautions to ensure the blind spot was clear, it can contribute to liability. For example, if the truck driver failed to check their blind spot or relied solely on mirrors, neglecting other necessary safety measures, it can indicate negligence and impact liability assignment.
Comparative Negligence
Comparative negligence is a legal principle used to assess the degree of fault assigned to each party involved in an accident. In a blind spot crash, it considers the actions and behaviors of both the truck driver and the other vehicle involved.
If it is determined that both parties were partially at fault due to factors such as excessive speed, distraction, or failure to maintain a safe distance, liability may be shared accordingly. For instance, if the truck driver was found to have changed lanes without proper signaling, but the other vehicle was driving recklessly, it may lead to a determination of shared liability.
For more information, contact a truck accident lawyer near you.