Every motor vehicle has blind spots in front of it, behind it, and along its sides, which the operator cannot see directly into from their natural position in the driver’s seat. Since tractor-trailers are so much longer, taller, and even wider than standard passenger cars, they also have much larger blind spots as well—large enough, in fact, to hide multiple vehicles from the driver’s view even with aid from oversized side mirrors.
However, the fact that it can be harder for truck drivers to check their blind spots while driving does not mean truckers have no legal duty to do so, or that they cannot be held civilly liable for injuring someone else by failing to fulfill that duty. If you have been hurt in a blind spot truck accident in Flagstaff, you should reach out to a trusted truck accident attorney from Phillips Law Group as soon as possible to discuss a possible civil claim.
Proving a Truck Driver Failed to Check Their Blind Spots
Lawsuits and settlement demands based on blind spot truck crashes in Flagstaff work exactly the same way as claims built around other types of truck wrecks in that they all typically revolve around the legal concept of negligence. A truck driver is negligent if they directly cause another person to sustain a preventable injury by recklessly or carelessly breaching their duty to act responsibly at all times behind the wheel.
Not checking blind spots before turning, merging, or changing lanes qualifies as a breach of duty in this way, but unlike traffic offenses like speeding or driving drunk, there may not be any objective evidence like a police accident report to prove specifically that a failure to check blind spots was the main cause of a wreck. A knowledgeable legal professional can provide vital help with collecting and making effective use of additional evidence like witness testimony, dashboard/surveillance camera footage, and data from a truck’s onboard black box to prove fault for a crash of this nature.
How Comparative Fault Can Affect a Truck Wreck Claim
Legal counsel can also proactively contest allegations of comparative negligence made against someone injured in a Flagstaff blind spot truck accident. Comparative negligence refers to an injured crash victim being found partly to blame for causing their own injuries through their own negligent behavior—for instance, coasting for a long time in what they should have known was a truck driver’s blind spot.
Fortunately, Arizona is a pure comparative fault state, so no percentage of fault assigned to an injured person other than 100 percent will completely disqualify them from seeking at least some civil restitution. That said, Arizona Revised Statutes § 12-2505 allows courts to reduce an injured person’s final damage award by whatever percentage of comparative fault is assigned to them, which could lead to that injured person missing out on thousands of dollars in much-needed compensation.
Contact a Flagstaff Attorney for Help With a Blind Spot Truck Accident Lawsuit
Just like every other driver on public Arizona roads, long-haul truckers are expected to maintain full awareness of their surroundings at all times, especially of anything that may be in their truck’s blind spots. Nevertheless, truckers who fail to meet this basic obligation wind up causing hundreds of preventable crashes across the United States.
Taking effective legal action over a blind spot truck accident in Flagstaff is much easier with support from a legal professional who is unafraid to go to trial in order to get you paid what you deserve. Call today to schedule a free, no-obligation consultation with a member of the Phillips Law Group team.
Available 24/7