Blind Spots

Many companies use commercial trucks to haul their products across the country. While the immense trailers on commercial trucks enable the trucks to carry a substantial amount of freight, they also create numerous blind spots. When a truck driver fails to check a blind spot properly or does not observe a driver traveling in a blind spot, it can result in a devastating accident. If you or a loved one were injured in a blind spot accident with a commercial truck, you may be owed compensation, and it is advisable to speak with an attorney regarding what claims you may be able to assert. Howard Leopold of Leopold Law, L.L.C. is a seasoned Bergen County truck accident attorney who can advise you of your rights and assist you in seeking any damages you may be able to recover.

A blind spot is an area around a vehicle that the driver cannot see using the vehicle’s mirrors. Thus, drivers must take actions other than looking in their mirrors to determine if anyone is traveling in a blind spot. Commercial trucks not only have several blind spots, but their blind spots are also quite large. Specifically, there are blind spots directly in front of the truck and directly behind the truck’s trailer, as well as from the driver’s side window down the length of the trailer and down the length of the passenger side of the trailer. Often, truck drivers are unable to accurately assess whether a vehicle is traveling in one of their blind spots, even if they make an effort to check.

Commercial truck drivers have a duty to drive their trucks safely at all times, and if they breach their duties, they may be held liable for any damages suffered as a result. In most instances in which a person is injured in a blind spot accident with a truck, the person will assert a negligence claim against the driver of the truck. To prevail on a negligence claim, a plaintiff has to show that the defendant owed the plaintiff a duty of care, the defendant engaged in conduct that fell below the applicable standard of care, constituting a breach, and the breach caused the accident. The plaintiff must also prove that they suffered actual harm due to the breach.

It is common in lawsuits arising out of a truck blind spot accident for the defendant to argue that the plaintiff caused the accident and, therefore, should not be awarded damages. Under New Jersey law, however, a plaintiff who contributed to causing an accident can recover damages as long as the plaintiff’s negligence is not greater than the defendant’s. The plaintiff’s damages will merely be reduced proportionately to the percentage of fault attributed to the plaintiff.

Typically, the drivers involved in blind spot accidents are employed by a trucking company. In such instances, the plaintiff may also be able to seek damages from the driver’s employer for negligently hiring or supervising the driver. To successfully prove the employer should be held liable for the harm caused by an accident in addition to the driver, the plaintiff must show that the employer knew or should have known that the driver was not able to drive the truck safely and, therefore, posed a threat to other people on the road.

Blind spot accidents involving commercial trucks often cause significant and permanent injuries. If you were harmed in an accident with a commercial truck, you should speak with an attorney regarding what compensation you may be owed. Howard Leopold of Leopold Law, L.L.C. is a trusted Bergen County truck accident attorney who will work diligently to develop effective arguments to help you seek a favorable outcome. Mr. Leopold’s offices are located in Hackensack and New York City, and he frequently helps parties harmed by commercial truck accidents in Bergen County and cities throughout Hudson, Passaic, and Essex Counties in New Jersey, and Bronx, Richmond, Kings, New York, Queens, and Rockland Counties in New York. You can reach him via the form online or at his New Jersey office at (201) 345-5907 or his New York office at (646) 650-2106 to set up a confidential and free conference.