18-Wheeler Blind Spots: How Trucking Accident Victims Can Prove Liability

Driving next to an 18-wheeler feels a little bit like tempting fate. You’re next to a vehicle that weighs dozens of times more than your own vehicle, and odds are good you are close to (or already in) their blind spot. While most truck drivers are careful, trustworthy professionals who do everything they can to keep others safe, there are drivers who are careless or who take unnecessary risks.

These risks can lead to preventable blind spot accidents. That’s when it’s important to call a truck accident lawyer to discuss your next step. With the team at Martin & Helms, you can fight to protect your rights and pursue compensation. Call us to explore your options now.

Understanding 18-wheeler blind spots

To know why blind spot accidents are such a serious risk, you have to understand how 18-wheelers’ blind spots work. In a conventional passenger vehicle, the blind spot may extend about 13 feet on each side. In an 18-wheeler, blind spots can be twice as long or more—and include all four sides of the vehicle. Along the right side of a truck, the blind spot crosses across multiple lanes and stretches along the full length of the trailer. The left side’s blind spot is somewhat smaller but still larger than a passenger vehicle’s blind spot. There are also large blind spots in front of and behind a truck. Truck drivers rely heavily on mirrors and their own vigilance to avoid accidents.

Why blind spot accidents are often disputed

Trucking companies often fight hard to avoid liability for blind spot accidents. They are quick to argue that the other car must have stayed in the blind spot too long, making it impossible for the driver to know that they were there. If the victim doesn’t have evidence to prove that this was not the case—or the legal representation needed to fight back against a huge corporation—they may end up shouldering some of the blame for the accident.

Some arguing points that trucking companies may use include:

• You were tailgating or passing improperly
• The driver fully checked their mirrors and signaled before changing lanes
• The truck’s size made it impossible for the driver to see the car, so they can’t be held liable

We all know that drivers have a certain amount of responsibility when it comes to driving, and this is especially true for commercial drivers. They can’t ignore that simply by shrugging and throwing up their hands—but if you don’t know how to assert your rights, that may be exactly what happens.

How experts help prove truck driver liability

When you bring in a truck accident lawyer to handle your accident case, they may turn to expert witnesses who can help prove liability and push back against the tactics used by trucking companies and their insurance providers.

Accident reconstruction specialists can be very helpful in truck accident claims. Their in-depth understanding of accident physics and evidence can help them reconstruct your collision, interpret skid marks and vehicle damage, and contribute to your attorney’s liability analysis.

Those with extensive experience in trucking accidents may also be able to analyze driver log books, electronic logging devices, and event data recorders. Driver log books include information on how long drivers are on the road, the length of their breaks, how many miles they put in (which makes it easier to calculate speed), receipts that prove their route, and other bits of evidence. An expert will compare this evidence against more conclusive evidence, such as the event data recorder and electronic logging device. If there are signs that the log book has been falsified, that may indicate that the driver regularly exceeded hours-of-service limits and drove while fatigued.

Electronic logging devices and event data recorders on their own can give experts a lot to look into. Certain behaviors and driving habits can raise red flags. For example, no attempt to brake before an accident may indicate that the driver fell asleep and therefore did not take evasive action. High speeds on their own can indicate negligence or even wantonness under Alabama law.

A trucking industry expert witness may also look into a company’s hiring protocols and check to determine whether or not a trucking company was negligent. For example, a company that routinely fails to check drivers’ driving history or criminal background may be considered negligent.

Legal implications of violations

When a truck driver does not follow safety regulations or a trucking company encourages a driver to violate federal law, there’s a clear violation. Those violations alone can lay the groundwork for liability, since regulations exist specifically to make the roads safer for other people. When a company is found to have violated FMCSA regulations, it may be fined or forced to change its procedures to stay compliant.

What should victims do after a blind spot accident?

After an accident, victims must call the police, report the crash, and seek medical care. It’s important to seek medical care after any accident, but it’s particularly urgent after a truck accident—the risk of serious injury is extremely high, and waiting to seek medical care could lead to severe or even fatal side effects.

It’s important to reach out to a truck accident attorney before talking to the other side’s insurance adjuster or company representative. The other party may try to get you to say something that can be used against you, and when you talk to a lawyer first, they can communicate with the insurance adjuster on your behalf.

Get the help you need after a truck accident and reach out to Martin & Helms

The sooner you contact Martin & Helms, the sooner we can start advocating for you as you seek compensation. Give us a call or contact us online to get started.