(845) 802-0047Large commercial trucks have the largest blind spots of any vehicles on the roads. This is particularly true of tanks, semi-tractor trailers, tandem trailers (double trailers), and other large box trucks. These blind spots are only magnified on highways, interstates, thruways, and other fast-moving roadways where there are multiple lanes and likely multiple other vehicles alongside the truck. While most commercial trucks have second and even third or fourth sets of mirrors to help shrink that blind spot, there is usually no way to completely erase a truck’s blind spot. There is also no way to guarantee that a truck driver will use all of the mirrors before making a turn, merge, lane change, or another maneuver that could put other drivers at risk for a New York trucking accident.
Unfortunately, truck drivers that fail to fully appreciate the risks of their blind spots may cause serious 18 wheeler wrecks that cause catastrophic personal injuries or wrongful death. This is because smaller passenger vehicles caught in a truck’s blind spot during an imprudent turn, merge, lane change or another maneuver will either be struck by the truck or be pushed out of their lane and off the roadway or into other traffic. When this happens, the trucking crash is likely due to the reckless, careless, and negligent conduct of a truck driver.
Reasons Why Truck Blind Spots Cause New York Trucking Accidents
There are several reasons why big rig crashes occur due to a commercial truck’s blind spots. Each of these reasons will likely result in a finding of negligence against a truck driver who has failed to properly consider, check, and safely move his or her 18 wheeler. Some of the most common reasons why truck blind spots cause serious injuries and deadly trucking accidents include the following:
- Failing to check the blind spots, including to fully check all mirrors;
- Neglecting to have the proper mirrors or extra mirrors to see the blind spots;
- Poor maintenance and position of mirrors;
- Failure to properly clean and maintain mirrors free of defects, so the truck driver can fully see what there is to be seen in the mirrors;
- Improper training by truck drivers;
- Speeding or driving in excess of the speed limit considering the conditions of the roadway;
- Failing to use directional signals before making a turn or lane change;
- Truck driver inexperience, especially with larger trucks like double trailers; and
- Other possible causes.
Statutory Liability in a New York Trucking Accident Caused by Blind Sports
Whenever there is an 18 wheeler crash due to a truck’s blind spots, it is incredibly likely that it will be due to the negligence of the truck driver or trucking company, usually both. This is because New York statutory law requires all motorists to stay in their lane and not change lanes unless it is safe to do so. This includes merging onto and off of highways, interstates, and thruways. Additionally, New York law prohibits a left turn unless the vehicle turning left has yielded to all other vehicles which may constitute an immediate hazard.
Therefore, any time a box truck collision is caused by a blind spot, the truck driver will likely be found negligent as a matter of law for violating one of these or any other vehicle and traffic statute. This is called the doctrine of negligence per se, and automatically finds a personal injury defendant liable to a victim where the defendant violated a statute that was meant to protect the victim from the harm that was caused by such violation.
Common Law Liability for Blind Spot Crashes
In addition to the statutory authority, New York has strong common law (or judge-made law) which further requires all motorists to “see what there is to be seen in the use or operation of his or her vehicle.” This means that a truck driver who causes a New York trucking accident due to a blind spot cannot say “I did not see you” and get away with the crash. In fact, that may significantly help a victim of a big rig collision because it demonstrates that a truck driver was violating the common law requirements of operating a motor vehicle.
Injured in a New York Trucking Accident Due to a Big Rig’s Blind Spots? We Can Help
If you or a loved one have been seriously injured or wrongfully killed due to a large truck’s blind spot, please call our New York trucking accident lawyer to learn what rights to the compensation you may have. You may be entitled to compensation for pain and suffering, medical bills, lost wages, lost future earnings, and in a wrongful death case burial costs and funeral expenses. Protect your rights today by asking us to help you.