Commercial trucks are big, cumbersome vehicles. Although most large trucks have extensive side-view mirrors and other safety equipment, drivers still cannot see everything surrounding their vehicles. These substantial blind spots can lead to accidents between trucks and passenger vehicles. Additionally, truck manufacturers and companies often sacrifice mobility and driver vision by overloading vehicles with cargo.
An experienced truck accident attorney helps individuals injured in collisions with commercial vehicles gain fair compensation for their injuries. This involves proving fault for blind spot truck accidents in McAllen and demanding appropriate payments both in and out of court. If you have been involved in a truck crash, reach out to KGS Law now to learn how we could assist you.
Assigning Blame After a Truck Accident
Commercial truck drivers undergo extensive training and licensing programs. Despite this, carelessness among drivers can still lead to accidents. Blind spot collisions commonly happen on narrow streets, causing significant damage and severe injuries. When an injured person files a personal injury claim against a truck driver or trucking company, courts examine most blind spot accident cases through the legal theory known as negligence.
In short, negligence is the idea that certain people have a legal responsibility to watch out for the well-being of others. When they fail to uphold that responsibility and cause harm, they are legally accountable. There are five elements that an injured person and their lawyer must meet in a negligence claim for a blind spot truck crash:
- Duty – In some situations, the law holds people responsible for taking reasonable actions to protect others. This is known as a duty of care. All motorists—including commercial truck drivers—commit to caring for the well-being of all other motorists, passengers, and pedestrians.
- Breach – Someone breaches the duty of care they owe to others when they act recklessly or carelessly. In cases involving blind spot collisions, a breach could include not looking in mirrors before changing lanes or not ensuring that a neighboring lane is clear before starting a turn.
- Cause – An injured person, with the help of their attorney, must show that a breach of the duty of care caused their injuries. This is usually achieved by providing medical records as evidence.
- Scope – A person’s injuries must be foreseeable from the facts of a case. Considering that severe injuries and even death can result from collisions with commercial trucks, almost all injuries are probable.
- Damages – To pursue compensation after an accident, someone must have actual physical injuries. While mental injuries, such as pain and suffering, and economic injuries, such as lost wages, can be part of a case, all cases must revolve around physical injuries.
To build a strong injury claim, a seasoned lawyer in McAllen could help prove that another’s negligence caused a blind spot truck collision.
When to File a Claim after a Commercial Vehicle Collision
Another aspect of personal injury law to remember is the statute of limitations. This concept establishes a time limit for filing a suit in court to collect damages. Texas Civil Practice & Remedies Code §16.003 gives plaintiffs two years from the date of a blind spot truck crash in McAllen to file a claim. Due to these time constraints, it is important to contact an attorney as soon as possible.
Call an Attorney for Help After a Blind-Spot Truck Collision in McAllen
If you or a loved one got into a collision with a commercial truck, your primary focus should be on making a full recovery and getting your life back to normal. Unfortunately, doctors’ bills, aggressive insurance companies, and losing time at work could make this difficult.
Let a lawyer handle the details. A legal advocate will talk with your doctors, gather evidence, and negotiate with an insurance company on your behalf. Many truck crash cases settle without ever seeing a courtroom. If a case does go to trial, an attorney could be at your side every step of the way. Make sure your recovery is as stress-free as possible. Contact a lawyer after a blind-spot truck accident in McAllen to let them advocate for the fair compensation you deserve.