Filing a Case for Truck Accidents Caused by Blind Spots

White semi tractor trailer merging onto highway

Commercial trucks have enormous blind spots that drivers must constantly monitor to prevent accidents. Unfortunately, distraction, carelessness, fatigue, and other forms of negligence frequently draw attention away from blind spots and cause devastating truck crashes.

If you were involved in a Virginia blind spot truck accident, you might be too hurt to work while a pile of medical bills grows at an alarming rate. If so, you shouldn’t be forced to pay for the consequences of another driver’s negligence. You could be entitled to compensation for your truck accident injuries and financial losses through a truck accident lawsuit.

Contact the respected personal injury attorneys of Marks & Harrison today for more details about your legal options in a free initial consultation.

Can You File a Lawsuit for a Virginia Truck Accident Caused by a Blind Spot?

If you were injured in a truck accident because the truck driver failed to monitor their blind spots properly, you have the right to seek compensation by filing a lawsuit against them. Under Virginia law, any party held to be at fault in a traffic accident is legally and financially responsible for the losses they cause.

You should understand two legal concepts if you believe you have grounds for a blind spot truck accident lawsuit in Virginia. The first is Virginia’s pure contributory negligence doctrine. This legal doctrine prohibits accident victims from recovering money in a lawsuit if they contributed at all fault to the crash – even as little as 1%.

The second is Virginia’s Statute of Limitations. In Virginia, barring certain exceptions, you have two years from the date of an accident to take legal action. If you fail to file a lawsuit within two years from the date of the truck accident, Virginia law bars you from seeking compensation.

How Many Blind Spots Do Trucks Have?

All motor vehicles have blind spots, but because of a commercial truck’s massive size, its blind spots are correspondingly larger. Semi trucks have four main blind spots, including:

  • Truck making left turn towards city proper.Front blind spots – Due to the large “nose” on the front of a truck, drivers have blind spots that obscure roughly 20 feet of the roadway ahead of them.
  • Rear blind spots – Truckers cannot see directly behind their trailers and rear-facing blind spots can extend as much as 30 feet immediately behind a truck’s trailer.
  • Right-sided blind spots – The right-sided blind spot of a truck extends at a backward angle behind its right side-view mirror, covering up to two lanes of traffic to the right.
  • Left-sided blind spots – The left-sided blind spot of a truck extends at a backward angle behind its left side-view mirror, covering up to two lanes of traffic to the left.

How Is Liability for Blind Spot Accidents Determined?

One of the most important aspects of any truck accident case is determining the party who is responsible for causing the wreck. Police officers, insurance adjusters, attorneys, and other investigators use various evidence to find out who and what contributed to a blind spot truck accident.

Types of evidence commonly used to prove liability after a blind spot truck accident include:

  • Data from truck “black box” event recorders and electronic logging devices (ELDs), which collect data such as drive time, hours of service, and the speed, direction, and location of the crash.
  • Police accident reports, which often contain helpful information such as vehicle information, observations regarding the vehicles and/or the roadway, witness statements, and any citations issued for traffic violations.
  • Trucking company records related to hiring, screening, training, performance and dispatches.
  • Truck driver cell phone records, which can show whether a truck driver was using his phone in a distracting manner which caused or contributed to the blind spot accident.
  • Testimony from expert witnesses such as accident reconstruction specialists.

Filing a Lawsuit for a Truck Accident Caused by Blind Spots

In the aftermath of a blind spot truck accident, you may be suffering from painful injuries and wondering what to do next. When medical bills pile up and you’re too hurt to work, compensation from a truck accident lawsuit can provide the lifeline you need to stay afloat.

Here are some steps you can take to protect your legal rights and lay a solid foundation for your blind spot truck accident lawsuit:

  • Seek prompt medical attention for your injuries.
  • Follow your doctor’s care plan and attend all follow-up appointments.
  • Document everything you can remember about the crash and any evidence from the accident scene.
  • Collect photos, eyewitness statements, and other evidence from the scene.
  • Refuse to provide written or recorded statements to the insurance company.
  • Avoid posting information or pictures of yourself or the accident on social media.
  • Contact a trusted truck accident attorney for dependable legal advice.

Why You Need a Lawyer When Filing a Virginia Blind Spot Crash Claim

Virginia’s pure contributory negligence law can make it difficult to recover from the other driver after an accident. If the trucking company or insurance provider can convince the court that you were even a tiny bit at fault for the wreck, you could ultimately lose your right to demand money for your losses. You need a lawyer to stand up for your rights and show that the crash was not your fault in the slightest.

The Virginia truck accident lawyers of Marks & Harrison take a tough stance from the very beginning to help you recover fair compensation. We can support you through every stage of your legal claim by:

  • Explaining your legal rights and options during a free initial consultation.
  • Conducting an independent investigation into the truck accident to uncover valuable evidence of the other party’s negligence.
  • Managing essential case documents and deadlines on your behalf.
  • Communicating with representatives, insurance providers, and lawyers from the trucking industry on your behalf.
  • Negotiating for maximum compensation during talks with insurance adjusters for the at-fault parties.
  • Representing you at trial to protect your rights and argue your case in front of a judge or jury.

Get in Touch with Our Virginia Truck Accident Lawyers Now

If a negligent truck driver failed to check their blind spot and injured you, contact Marks & Harrison right away for help. Our Virginia truck accident lawyers know how to investigate these types of claims, identify the liable parties, and seek fair compensation for our clients.

Don’t let the other side deny or diminish your blind spot accident claim. Let us help you seek justice.

Call us or reach out to us online today for a free case evaluation from a Virginia truck accident lawyer.

Tara A. Enix is a personal injury lawyer who works in Marks & Harrison's Petersburg office. She holds degrees from the Virginia Commonwealth University and the University of Richmond School of Law, where she graduated cum laude. After graduating from law school, Tara served as a law clerk in Chesterfield County Circuit Court and worked for a business, litigation and creditors' rights law firm before she joined Marks & Harrison in 2018. In addition to practicing in Virginia's state courts, Tara is licensed to practice in the U.S. District Courts for the Eastern and Western Districts of Virginia. She is member of the Lewis F. Powell, Jr., American Inn of Court.