When a semi-truck looms in the lane beside you, it is easy to feel nervous as you approach. That anxiety is well-founded— commercial trucks have significant blind spots that prevent the driver from seeing vehicles traveling alongside them. These areas are located directly in front, directly behind, and along each side of the truck.
When truck drivers fail to check their blind spots before changing lanes or making a turn, they can easily sideswipe or crush a smaller vehicle. Fault for a blind spot accident can lie with multiple parties, all of whom may be legally responsible for any damages that occur.
A Milwaukee truck accident attorney can help determine liability by investigating whether the truck driver was properly trained, whether the trucking company enforced safety protocols, and whether any other factors, such as defective mirrors or cameras, played a role.
Truck Operator Obligations to Monitor Blind Spots
Truck drivers have a legal duty to drive with reasonable care, which includes regularly checking their blind spots before changing lanes or making turns. They should use their mirrors, cameras, and other safety technologies to gain maximum visibility around their vehicle.
Additionally, truckers must signal their intentions well in advance to give other motorists time to react. If a truck driver fails to take these precautions and causes an accident, they may be found negligent and liable for any resulting injuries or property damage.
When Car Drivers Contribute to Blind Spot Accidents
In some cases, car drivers can share the blame for blind spot collisions if they were driving unsafely. Examples of negligent behavior by motorists include:
- Lingering in a truck’s blind spots
- Cutting off a truck or suddenly reducing speed in front of it
- Passing a truck on the right while it is making a right turn
- Driving between two large trucks
If a car driver was driving carelessly in the moments before a truck accident, the truck driver and their employer may argue that they were partially at fault. In these situations, Wisconsin’s comparative negligence laws will apply. A driver can recover damages if they are less than 51% at fault, and their award will be reduced by their percentage of fault. If they are 51% or more responsible for the accident, they will not be eligible for compensation.
Commercial Carrier Responsibility and Vicarious Liability
The companies that own and operate commercial trucks, known as motor carriers, have their own legal duties separate from individual drivers. Federal regulations require carriers to properly maintain their vehicles, hire qualified drivers, and supervise their drivers to ensure safe practices are being followed.
When trucking companies neglect these responsibilities, leading to an accident, they can be held directly liable. In some truck accident cases, the carrier will also be vicariously liable for the negligence of a truck driver, as long as the driver is employed by the company. This allows the injured parties to seek compensation from the trucking company in addition to or instead of the individual trucker.
Speak with an Attorney to Determine Liability in Your Case
If you have been involved in an accident with a large truck, you need robust and experienced legal representation to protect your rights. Truck accident cases are complex, often involving multiple defendants and competing insurance companies. A Wisconsin truck accident attorney at Cannon & Dunphy S.C. can help you navigate the process and build the strongest case possible.
Contact us to schedule a free legal consultation today and take the first step toward identifying the at-fault party.