A blind spot truck accident in Florida can result in severe injuries and complex legal battles over who is at fault. Determining liability in these accidents involves understanding how blind spots on large trucks work and how Florida law governs these collisions. If you’ve been involved in such an accident, it’s critical to know who is responsible and what steps to take to protect your rights.
What Are Blind Spots in Truck Accidents?
Large trucks, such as commercial vehicles, have significant blind spots—areas around the vehicle that the truck driver cannot see, even with mirrors. These blind spots are often referred to as “No-Zones.” Trucks have blind spots on all four sides:
- Front Blind Spot: Directly in front of the truck’s cab.
- Side Blind Spots: Both the right and left sides of the truck, particularly extending from the front to the rear wheels.
- Rear Blind Spot: The area directly behind the truck where the driver has no visibility.
Since commercial trucks are much larger than passenger vehicles, these blind spots are more extensive and create hazardous conditions for other drivers on the road. For instance, a truck driver cannot see vehicles that are lingering in these areas, increasing the likelihood of a blind spot truck accident when changing lanes or turning.
Common Causes of Blind Spot Truck Accidents in Florida
Blind spot accidents occur for several reasons, but the most common causes include:
- Truck Drivers Failing to Check Blind Spots: Truck drivers may overlook blind spots when merging, changing lanes, or making wide turns.
- Passenger Vehicles Lingering in Blind Spots: Drivers of smaller vehicles often stay too long in a truck’s blind spot, unaware that the truck driver cannot see them.
- Poor Visibility Conditions: Weather conditions like fog or rain can worsen the visibility of both the truck driver and other motorists.
- Fatigued or Distracted Driving: Truck drivers may be distracted or fatigued, increasing the risk of missing a vehicle in their blind spot.
Truck drivers are trained to check their blind spots thoroughly before making any maneuvers. However, failure to do so can result in catastrophic accidents. Likewise, other drivers must avoid lingering in these areas to reduce the risk of a collision.
Determining Liability in a Blind Spot Truck Accident in Florida
Liability in a blind spot truck accident in Florida depends on several factors. In most cases, the truck driver or trucking company may be held responsible if they failed to properly check the truck’s blind spots before changing lanes or turning.
When the truck driver is at fault:
- Failure to Check Blind Spots: Truck drivers have a legal duty to ensure that they can safely maneuver their vehicle. Failing to check blind spots before changing lanes can result in liability for any accidents that occur.
- Improper Lane Changes: Truck drivers are often at fault when they change lanes without proper signaling or blind spot checks.
When the passenger vehicle is at fault:
- Lingering in the Blind Spot: If the driver of a passenger vehicle stays too long in the truck’s blind spot, the court may consider this negligence, particularly if the truck driver has no visibility of the vehicle.
- Speeding or Reckless Driving: Aggressive driving behavior can make it difficult for truck drivers to see other vehicles, resulting in accidents.
In some cases, both parties may share liability. Florida follows a comparative negligence system, meaning that fault can be divided between multiple parties based on their role in the accident.
In 2023, Florida’s comparative negligence law was revised, introducing a significant change that affects how damages are awarded in negligence cases. Under the new rule, effective for all negligence claims filed on or after March 24, 2023 (with the exception of medical malpractice cases), a plaintiff can only recover damages if they are 50% or less at fault for the accident.
How the Updated Comparative Negligence Law Works:
- Determining Fault: A jury will assess the percentage of fault for each party involved in the accident.
- Reduction of Damages: The amount of damages awarded to the victim is reduced by their percentage of fault. For example, if a plaintiff is determined to be 20% at fault for the accident, they can still recover 80% of their total damages.
- Complete Bar on Recovery: If the plaintiff is found to be more than 50% responsible for the accident, they are no longer entitled to recover any damages.
Before March 24, 2023, Florida operated under a “pure comparative negligence” standard, which allowed plaintiffs to recover damages even if they were up to 90% at fault for the accident.
You can read more about the changes to Florida’s comparative negligence law in the actual bill, HB 837.
Florida Trucking Laws Governing Blind Spot Accidents
Florida has specific trucking laws and regulations aimed at improving road safety and reducing the number of truck accidents. These laws require truck drivers to:
- Perform Regular Vehicle Inspections: Ensuring that mirrors and other equipment are functioning properly to help monitor blind spots.
- Undergo Training: Truck drivers must complete mandatory training that covers blind spot awareness and defensive driving techniques.
- Follow Hours-of-Service Regulations: These regulations prevent truck drivers from becoming fatigued, a common cause of accidents involving blind spots.
Additionally, trucking companies may be held liable if they fail to maintain their vehicles, enforce safety regulations, or properly train their drivers on blind spot awareness. For more detailed information on Florida trucking laws, visit the Bodden & Bennett Law Group page.
Preventing Blind Spot Truck Accidents
While truck drivers bear significant responsibility for preventing blind spot truck accidents, there are steps that other drivers can take to reduce the risk of a collision:
For Passenger Vehicles:
- Avoid Lingering in Blind Spots: If you find yourself in a truck’s blind spot, pass quickly and safely.
- Increase Following Distance: Keep a greater distance behind large trucks to avoid rear-end collisions caused by sudden stops.
- Use Caution When Passing: Always pass on the left side where the blind spot is smaller, and never cut off a truck after passing.
- Be Aware of Wide Turns: Give trucks enough space when they make wide turns, particularly at intersections.
For Truck Drivers:
- Check Mirrors Frequently: Regularly monitor blind spots and use mirrors before making any maneuvers.
- Use Technology: Many trucks are now equipped with blind-spot detection systems and cameras to reduce accidents.
- Signal Early: Use signals well in advance to alert other drivers before changing lanes or turning.
Injuries in Blind Spot Truck Accidents
Victims involved in blind spot truck accidents can suffer serious injuries due to the size and weight of commercial trucks. Common injuries include:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Fractures and Broken Bones
- Internal Injuries
- Whiplash
These injuries often result in long-term medical treatment, rehabilitation, and lost wages. If you’ve been injured in a blind spot truck accident in Florida, it’s crucial to seek immediate medical attention and legal guidance.
Steps to Take After a Blind Spot Truck Accident
If you’re involved in a blind spot truck accident, taking the following steps can help protect your rights:
- Call 911: Ensure that police and emergency services are notified immediately.
- Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Obtain Witness Statements: Get contact information from witnesses who saw the accident.
- Request a Police Report: Obtain a copy of the police report for your records.
- Contact an Attorney: Speak with an experienced truck accident attorney to discuss your legal options.
How a Truck Accident Attorney Can Help
At Bodden & Bennett Law Group, we understand the complexities involved in blind spot truck accidents in Florida. Our experienced truck accident attorneys can help you by:
- Investigating the Accident: We will gather evidence, review traffic camera footage, and interview witnesses to build a strong case.
- Proving Liability: We work to determine whether the truck driver or another party is responsible for your injuries.
- Filing a Personal Injury Claim: We will help you file a claim for compensation for your medical bills, lost wages, and pain and suffering.
If you’ve been involved in a truck accident, you need a skilled attorney by your side to navigate the legal process and maximize your recovery.
Contact a Blind Spot Truck Accident Attorney Today for a Free Case Evaluation
If you’ve been injured in a blind spot truck accident in Florida, don’t wait to seek legal help. Contact Bodden & Bennett Law Group today for a free case evaluation. Our dedicated team of personal injury attorneys is ready to fight for your rights and secure the compensation you deserve.
FAQs About Blind Spot Truck Accidents in Florida
What are the common types of blind spot truck accidents?
Blind spot truck accidents often include side-impact collisions, rear-end accidents, and underride accidents, where a smaller vehicle slides under a large truck due to lack of visibility.
Who is liable in a blind spot truck accident in Florida?
Liability depends on several factors, including whether the truck driver checked their blind spots and whether the passenger vehicle was driving recklessly. In many cases, the truck driver or trucking company is found responsible.
How can I avoid being in a truck’s blind spot?
Stay out of the “No-Zones” by passing trucks quickly and safely. Avoid lingering in areas where the truck driver cannot see you, such as the side and rear of the truck.
What should I do if I’ve been injured in a blind spot truck accident?
Seek medical attention immediately, document the scene, and contact a truck accident attorney to evaluate your case.
Can I file a personal injury claim after a blind spot truck accident?
Yes, you can file a personal injury claim to seek compensation for medical bills, lost wages, and pain and suffering. Speak to a truck accident lawyer to understand your legal options.
How long do I have to file a claim for a truck accident in Florida?
The statute of limitations for filing a truck accident claim in Florida is typically two years from the date of the accident.
Will the trucking company be held liable for the accident?
In some cases, the trucking company may be held liable if they failed to properly train the driver or maintain the truck.
What compensation can I receive after a blind spot truck accident?
Compensation can cover medical expenses, lost wages, rehabilitation costs, and pain and suffering.
By understanding the complexities of blind spot truck accidents and the steps to take after an accident, you can better protect yourself and your loved ones on Florida’s roads.
