Every motor vehicle has “blind spots” or areas immediately around the vehicle where the operator cannot clearly see obstacles, debris, or, most importantly, other vehicles and pedestrians. However, commercial tractor-trailers have significantly larger blind spots than any other car on the road, and when a truck driver fails to account for their blind spots and collides with someone riding inside one, the results can often be catastrophic.
Civil recovery is certainly possible after blind spot truck accidents in Temple, but you will likely have a difficult time getting the financial restitution you deserve if you try to fight your case alone. A dedicated truck accident lawyer could provide the guidance, support, and legal expertise necessary for an optimal outcome to this type of claim.
As part of the duty of care they owe to other drivers, motorcyclists, bicyclists, and pedestrians, commercial truck drivers must remain aware of their blind spots directly in front of and behind, to the left behind the driver, and all the way down the right side of the vehicle. If a truck driver fails to check their blind spots before turning or changing lanes and causes a wreck as a result, they could be considered negligent thanks to their careless breach of this aforementioned duty.
Importantly, though, non-commercial drivers are also expected to be reasonably aware of the blind spots of other vehicles and drivers and to act accordingly so that they can minimize the risk of a collision occurring. In light of that, individuals who get hurt in Temple blind spot truck crashes can be found partially at fault for their ensuing losses if they were somewhat negligent themselves—for example, by coasting inside a truck’s blind spot longer than a reasonable driver should have.
Texas Civil Practice and Remedies Code §33.001 makes it, so any civil plaintiff found more than 50 percent to blame for their damages cannot recover any compensation for that case. According to TX Civ. Prac. and Rem. Code §33.012, any plaintiff between one and 49 percent at fault for an accident is subject to a proportional reduction of any damage award they do receive. A qualified truck accident attorney could offer further clarification about how this legal principle could impact recovery in a particular case.
Assuming there are no problems with comparative fault, victims of blind spot truck accidents in Temple who can successfully prove another party at fault for the wreck may seek financial restitution for both economic and non-economic damages. In other words, they could recover not only for objective financial losses like medical expenses and car replacement costs but also for subjective forms of harm like physical pain and emotional anguish.
As with any civil claim, though, a statute of limitations applies to litigation based on blind spot truck wrecks. TX Civ. Prac. and Rem. Code §16.003 grants prospective plaintiffs only two years following the discovery of their injuries in which to file suit or their case may be time-barred, making them ineligible to recover any compensation.
Blind spot truck accidents in Temple may justify civil litigation if you can prove that a truck driver recklessly or carelessly failed to operate their vehicle as a reasonable person with their training and expertise would. However, doing so without help from a seasoned truck accident lawyer is generally more trouble than it is worth, not to mention it rarely leads to a positive case outcome.
Do not let your chance at the civil compensation you deserve go to waste. Call today to discuss the possibilities in your situation.