Truck accidents may have devastating consequences, due to the weight and size of these vehicles. Often, drivers cannot see into their blind spots, the areas that surround the vehicle, and cannot be seen when a driver is looking forward or checking mirrors. Many blind spot accidents occur each year. In some cases, they result from a moment's inattention by a truck driver, who may be failing to properly check a blind spot before changing lanes or entering or exiting an interstate. If you were struck while you were in a truck driver's blind spot, the experienced Memphis truck accident lawyers at Nahon, Saharovich & Trotz are ready to guide you through the legal process. We are experienced trial advocates with more than 30 attorneys and 100 staff members, making us the largest personal injury firm based in Tennessee. NST represents victims in Tennessee, Mississippi, Arkansas, Missouri, and Kentucky.Bringing a Personal Injury Claim After a Blind Spot Crash
Trucking companies are supposed to ensure that truck drivers are sufficiently aware of their blind spots and that they check them regularly. Drivers should adjust their mirrors and turn to check a blind spot when possible. However, some truck drivers are either insufficiently trained by their employers or distracted through devices such as cell phones.
When a truck driver's failure to check a blind spot is a legal cause of your injuries, you may be able to bring a lawsuit for negligence and recover compensatory damages. You may file suit not only against the negligent truck driver but also possibly against their employer. A trucking company may be held indirectly liable for a truck driver's negligence through the doctrine of vicarious liability. Vicarious liability applies when a truck driver injures someone in the course and scope of employment. This theory comes into play if the driver is found negligent.
An employer of a negligent truck driver may also be held directly liable through causes of action such as negligent hiring, negligent training, or negligent supervision. For example, a trucking company owes duties of care to the public to make sure that a driver whom they put on the road with a heavy commercial vehicle holds a commercial driver's license, is properly trained, and has a reasonably safe record. They are supposed to do careful background checks, among other things, to make sure that a driver does not have a history of DUIs or other accidents.
Often, both a truck driver and a trucking company will make a defense of comparative fault. Under this defense, they and their insurers and attorneys may argue that you were somehow to blame for a blind spot accident. For example, if you drove for a long period of time in a blind spot, the defense may argue that you were comparatively negligent in order to reduce their liability, because your damages can be reduced by any percentage of fault apportioned to you. Insurers and defense attorneys may try to find ways in which you were at fault after an accident. It is very important not to give a statement until you speak to an attorney.Explore Your Options with a Truck Accident Lawyer in Memphis or Surrounding Regions
Not all personal injury attorneys are skilled in bringing truck accident lawsuits. This requires a familiarity with complex trucking regulations and the process of gathering evidence. If you or a loved one was hurt in a blind spot accident involving a commercial vehicle, the Memphis truck accident attorneys at Nahon, Saharovich & Trotz can assert your rights. Our firm serves victims throughout Tennessee, as well as in Arkansas, Kentucky, Mississippi, and Missouri. We have represented people in cities such as Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Haiti, and Caruthersville. Contact our office toll-free by calling 1-800-529-4004 or by completing our online form to set up a free consultation. If you need a motor vehicle collision attorney to advocate for you, NST is the way to go.