Truck drivers are entrusted with cumbersome vehicles that pose an elevated danger on the road if they are not operated properly. Trucks contain more blind spots, which also cover larger spaces on the road, than do smaller vehicles. This means that truck drivers must take proper measures to check blind spots for other motorists before changing lanes or making another maneuver in which a collision can occur. Unfortunately, truck drivers are not always adequately trained regarding these practices, or they may be too tired to remember to check blind spots, which can result in significant injuries to other road users. Queens truck accident lawyer Marc S. Albert has represented injured victims for more than 20 years, pursuing legal action against negligent truck drivers and trucking companies. He understands the complicated nature of a truck accident claim, and he fights to make sure that victims receive the compensation that they need following a truck accident. If you have suffered an injury in a truck crash, we can help you determine what happened and who is responsible. Contact our office today to learn more about how we can help.Crashes Caused by Trucks’ Blind Spots
Blind spots refer to sections of a road that are out of sight when a driver looks in a truck’s side or rear-view mirror. As a result, drivers must physically look out a window or other opening to check for other vehicles traveling in their blind spots. Due to a truck’s size and configuration, it has blind spots on every side, making people traveling around it susceptible to being hit, especially if the driver attempts to change lanes or turn widely. Drivers sharing the roads with trucks should be mindful to avoid traveling in a truck’s blind spot for long periods of time, as well as keeping proper distance behind a truck in order to avoid a collision.
However, it is also a truck driver’s responsibility to know the limitations on his or her vehicle and follow adequate procedures in order to prevent a crash caused by a blind spot. When truck drivers are not trained properly about the limitations of their vehicles, or they do not pay attention to the road or others on it, they can cause catastrophic injuries and even fatalities to others in an accident.Blind Spot Accident Liability
When a truck driver switches lanes without checking for another motorist, or otherwise acts without care, he or she should be held accountable for any harm that results. Victims of truck accidents may seek compensation for their injuries by pursuing personal injury lawsuits. These claims are based on negligence, which occurs when one or more parties breach an owed duty to act as a reasonable and prudent person would under the same or similar circumstances. The breach must also be a proximate cause of a victim’s injuries and result in damages.
For instance, if a truck driver strikes another motorist without taking reasonable steps to account for a truck’s blind spots, perhaps while they were distracted, he or she could be found negligent. Trucking companies that employ these negligent drivers can also be held liable in many instances. Vicarious liability attaches to employers when an employee’s negligent act occurs within the scope of employment, meaning that the employee is carrying out the business of his or her employer at the time of an accident.
Once negligence is established, truck accident victims can be compensated for medical costs, lost income, property loss, diminished earning capacity, and pain and suffering damages. Even when victims are partially at fault for their own injuries, there are still legal remedies that an attorney can help you explore. New York is a pure comparative negligence state when it comes to determining liability, which means that damages are awarded proportionally to each party’s degree of fault. Therefore, a victim found 50 percent at fault in causing his or her own injuries still can receive half of the total damages from another at-fault party.Consult a Seasoned Truck Crash Lawyer in Queens
Queens attorney Marc S. Albert has secured many million-dollar settlements and verdicts on behalf of accident victims throughout his career. He knows that each case and victim is unique, and he personally takes the time to communicate with each client to ensure that he is providing effective representation. The Law Offices of Marc S. Albert serves victims throughout New York City and Long Island from offices in Astoria and Syosset. If you or a loved one has been injured or killed in a truck crash, contact our office online or at 855-252-3788 to talk to an attorney about your legal options.