When you are involved in a crash with a tractor-trailer, it may have been caused by the truck’s blind spot. Commercial trucks are much larger than passenger vehicles, meaning they have more extensive areas they cannot see. Drivers can use mirrors to help minimize the risk. Still, even with mirrors, truck drivers cannot see everything around their large vehicles. Truckers must check for other vehicles, but other drivers may have a duty to stay out of blind spots. So, these accidents are not always the trucker’s fault. A lawyer experienced with blind-spot truck accidents in Schaumburg could evaluate the circumstances surrounding your specific collision and let you know whether you have a viable case. Call The Kryder Law Group today to speak with one of our seasoned semi-truck crash attorneys about your accident.
What Are Blind Spots?
Almost every vehicle has blind spots. For large trucks, they can be as large as several car lengths. It is no wonder that blind spots are frequent culprits in collisions caused by big rigs, 18-wheelers, and other trucks. That is why their drivers must carefully check their blind spots.
Commercial trucks have four main blind spots: in front of the truck, behind it, and on both sides. Many trucks have warning signs advising nearby drivers of their blind spots. The safest thing is for other drivers to avoid entering those blind spots. Drivers should avoid tailgating trucks or driving in their blind spots. A good rule of thumb is that if a driver cannot see the truck’s mirrors, the trucker cannot see them.
Unfortunately, avoiding blind spots is not always possible. Trucks frequently pull up behind other vehicles, even though the blind spot in the front of the truck is the equivalent of two car lengths. They also routinely pull alongside other vehicles in traffic. In those instances, the burden shifts to the trucker to look for other vehicles. An experienced blind-spot truck accident attorney in Schaumburg could examine the circumstances to advise you on who was to blame for your crash.
Determining Fault for Blind-Spot Truck Collisions
Illinois is a modified comparative negligence state as outlined in 735 ILCS 5/2-1116. Under these laws, if an injured person is less than 50 percent responsible for the accident, they can recover from the others at fault. However, their damages are proportionate to the fault.
Injured parties must understand that Illinois is a comparative negligence state. That means that even if you are partially responsible for an accident, you may be able to recover. The issue in a two-vehicle collision is which vehicle was more accountable. In a multi-vehicle collision, the problem is whether you are more than 50 percent responsible. To help determine fault, a Schaumburg lawyer may suggest an accident reconstruction specialist assist with blind-spot wreck claims.
Recovering for Your Injuries and Damages
Any collision with a commercial truck has the potential to cause injuries. They may result in severe injuries, long-term damages, or even death. The monetary damages you could receive usually depend on the severity of your injuries. Usually, more severe injuries result in larger medical bills, more lost wages, and a more significant potential for a loss of earning capacity. Other factors the court may consider include:
- Pain and suffering
- Loss of consortium
The court may also consider the trucker’s behavior. Courts will not order punitive damages in everyday collisions caused by carelessness. However, suppose a trucker was engaged in egregious behavior at the time of the accident. In that case, the court might consider adding punitive damages to punish the truck driver for extremely reckless conduct. Consulting with a Schaumburg lawyer who handles blind-spot truck accidents could help you decide whether to seek punitive damages.
Call a Schaumburg Attorney Following Blind-Spot Truck Accidents
Being in a wreck—especially with a commercial vehicle—can be intimidating. You have to deal with recovery and negotiate with insurance agents. You might not even know where to file a claim if the driver is not an owner-operator. No wonder so many people accept settlements that are not adequate to cover their future medical bills, much less account for pain and suffering.
Getting information on blind-spot truck accidents in Schaumburg can help you make the right decision. Schedule a consultation with a lawyer at The Kryder Law Group to learn more.