The size and weight of trucks can result in catastrophic injuries when one of these vehicles gets into an accident. In Florida, many people hurt in collisions involving a big rig were driving in one of the trucker’s blind spots. The resulting harm may take the victim years or even a lifetime from which to recover. At the Dean Law Firm, our attorneys represent individuals hurt in truck accidents in the Ocala area, as well as in Crystal River, The Villages, and elsewhere in Florida. If a commercial driver’s carelessness injured you, you have a right to seek compensation.Filing a Negligence Lawsuit to Pursue Damages
The Federal Motor Carrier Safety Administration (FMCSA) advises the public not to hang out in the "no-zone," which consists of several large blind spots near an 18-wheeler. Crashes are more likely to happen there. While all vehicles have blind spots, those associated with a big rig are more substantial and have the potential for causing greater harm.
An accident victim suing a trucker or trucking company after a crash usually tries to establish a negligence claim. This requires showing the defendant’s duty of care, behavior that breached the duty, causation linking the breach to the injury, and actual damages. In general, truck drivers who do not check their blind spots before making a maneuver on the road are breaching their duty to use reasonable care behind the wheel. However, it is still necessary to show that the accident was a direct and reasonably foreseeable result of this careless conduct.
Truckers, their employers, and their insurers often are well represented by legal counsel. These attorneys may try to argue that an accident victim is to blame for driving in a truck's blind spots. Florida follows the rule of comparative negligence. This means that an injured person’s compensation award is reduced in proportion to his or her responsibility for contributing to the accident. Since Florida is a pure comparative negligence state, however, a victim may be able to receive at least some damages even if he or she was more than 50 percent at fault.
For example, a driver might have stayed in the blind spot for a long time on a very rainy or stormy day, despite having opportunities to leave it. If a crash eventually results, it is possible the jury will apply the rule of comparative negligence. If the total costs arising from the accident are $100,000, and the victim is found to be 20 percent responsible, he or she would be able to recover up to $80,000 from the trucker or trucking company. On the other hand, someone who was in the blind spot for only a minute or two may not be found to have contributed to the collision at all.
Damages available in a truck accident case can cover both objective and subjective forms of harm. A victim who succeeds in showing the negligence of one or more defendants may be able to receive compensation for lost wages, medical bills, the costs of future treatment, damage to a vehicle, pain and suffering, and even more.Seek Advice from an Ocala Attorney Skilled in Big Rig Crash Claims
At the Dean Law Firm, we represent residents of Ocala and the surrounding communities who have been hurt while driving in truckers' blind spots as well as in other types of big rig crashes. Injuries after a truck accident can be severe, and the financial losses may be significant. Thus, it is essential to have a dedicated advocate to protect your interests every step of the way. Contact us at 352-387-8700 or via our online form.