Despite the substantial regulations that govern how commercial vehicles must be operated, a startling number of truck accidents occur each year. An average 18-wheeler can be anywhere from 70 to 80 feet long, making it difficult for the driver to see the area along each side of the truck. Collisions often happen when a trucker changes a lane or makes a turn without checking these large blind spots. At the Law Offices of Adam Baron, our Naples truck accident lawyers have helped many injured individuals pursue the compensation that they deserve after being struck by a careless driver. We are ready to do the same for you.Pursuing Damages for a Blind Spot Collision
A truck accident case is a type of negligence claim, which requires the plaintiff to prove four elements. The first element is called duty, and it refers to the level of care that the defendant was required to exercise at the time of the crash. For example, truckers are expected to comply with all federal and state regulations governing their industry. They are obligated to check their blind spots whenever it may be appropriate.
The second element is called breach. To satisfy this element, the plaintiff must show that the defendant failed to meet the standard of care, such as by changing lanes without checking a blind spot. If the plaintiff can prove that the truck driver violated a law or industry regulation at the time of the accident, moreover, he or she can potentially rely on the negligence per se doctrine. This provides a rebuttable presumption that the defendant breached the duty of care, substituting for the first two elements of the claim.
The next step in a negligence action is causation. Under this principle, the plaintiff must show that but for the defendant’s breach, he or she would not have suffered injuries. Finally, the plaintiff will need to provide evidence supporting the types of damages that he or she is pursuing in the lawsuit, including any medical bills, missed paychecks, or loss of future earning capacity. More subjective, or non-economic, forms of damages also may be available, including the pain and suffering that the victim endured.
In the trucking industry, drivers may work as independent contractors or as employees of a trucking company. In the event that the driver works for a company, the plaintiff may be able to hold that entity liable for the defendant’s negligent conduct through a doctrine known as respondeat superior. It may also be the case that the trucking company was negligent. Trucking companies are required to perform periodic drug testing, check educational compliance requirements, and ensure that their drivers follow regulations. Failing to do so may lead to legal liability if such a failure results in an avoidable crash.Consult an Experienced Truck Accident Lawyer in the Naples Area
If you or someone you love has been involved in a crash, you may be entitled to compensation. At the Law Offices of Adam Baron, our Naples truck accident attorneys understand how daunting taking legal action can seem, especially when you are coping with painful injuries. We can guide you through the legal process and collect the evidence you need to bring a persuasive case. Our motor vehicle collision lawyers also serve victims in Coral Springs, Fort Myers, Tamarac, North Miami Beach, and other cities throughout Broward and Miami-Dade Counties. Contact us online or call us at one of our regional office locations to set up a free consultation. We can be reached in Broward County at (954)-247-4878, Miami-Dade County at (305) 770-2131, or Naples/Fort Myers at (239) 352-5511.