Legal Representation for Truck Accident Victims in West Palm Beach
A blind spot is any area around a vehicle that keeps the driver from seeing and being aware of everything that should be avoided. In some cases, drivers change lanes directly into their blind spots, while in other cases, the car in the blind spot swerves and triggers a multi-vehicle accident. According to the National Highway Traffic Safety Administration (NHTSA), there are over 800,000 accidents every year that are related to blind spots. Trucks have enormous blind spots, and due to their size and weight, another driver can be killed while driving in those blind spots. If you are the victim of a truck accident in West Palm Beach, the knowledgeable attorneys at Anidjar & Levine may be able to help you seek compensation for your injuries.
Holding Truckers and Trucking Companies Liable for Your Injuries
All drivers, whether of cars or trucks, must use reasonable care to avoid posing foreseeable risks of injury to others. In a car, using reasonable care includes looking over one’s shoulder to make sure there are no drivers hidden in the blind spot. In a truck, checking blind spots can be difficult, but it requires a constant awareness of the other vehicles on the road, including vehicles immediately behind the trailer. If you were injured because a driver failed to check his or blind spots, you may be able to sue for negligence.
You would need to prove four elements by a preponderance of the evidence. These are the driver’s duty to check the blind spots, a breach of that duty, actual and proximate causation, and actual damages. It can sometimes be challenging to prove that the driver did not check the blind spots, particularly if the driver denies that he or she failed to check the blind spots. In some cases, an accident victim loses consciousness at the scene, making it even more challenging to prove the other driver’s fault.
In some rare cases, a defendant can be found liable even when there is no direct evidence of negligence. The doctrine of res ipsa loquitur (“the thing speaks for itself”) allows negligence to be established if the instrumentality that caused the injury was under the defendant’s exclusive control at the time of the accident and the injury was of the kind that does not ordinarily occur without negligence.
If the driver is working for someone else at the time of the accident, the employer can possibly be held responsible under a theory of vicarious liability. This is a theory of indirect liability whereby an employer can be held responsible for the negligent actions of an employee that take place in the course and scope of employment. Suppose, for example, a pizza driver hurrying to deliver a pizza fails to check a blind spot and as a result hits the front of your car, pushing you off the road. You might be able to sue the pizza company under a theory of vicarious liability. In some cases, it might also be held directly liable under a theory of negligent hire, negligent training, or negligent supervision.
Consult a West Palm Beach Attorney after a Motor Vehicle Collision
West Palm Beach is a city in South Florida with a population of about 100,000 residents as of 2010. It was incorporated in 1894. One of its nicknames is “Orchid City.” If you are hurt in a big rig crash in West Palm Beach or the surrounding cities, our experienced injury lawyers may be able to guide you in pursuing compensation. We also represent clients throughout Palm Beach County, including in Wellington, Jupiter, Boca Raton, Palm Beach Gardens, and Royal Palm Beach. Call our firm at 800-747-3733 or contact us via our online form for a free consultation.