When it comes to truck accidents, there are many unique issues that may make the case more complicated than a standard car accident. For starters, these vehicles are massive in size, which means that the injuries resulting from the accident can be devastating for the victim and their family. In addition, there are many federal and state rules that apply to trucks and trucking companies, which are largely intended to ensure the safety of other motorists and pedestrians on the road. A focus of these regulations is ensuring that drivers receive appropriate safety training before they are allowed to drive these massive vehicles. One of the most common causes of truck accidents is a failure to account for a blind spot. At Breakstone, White & Gluck, our Boston truck accident lawyers are prepared to assist you with seeking the compensation that you deserve from a negligent truck driver or trucking company after a blind spot crash.Assert Your Rights Against a Careless Driver or Company
Since tractor-trailers and other trucks are so massive, the driver is often unable to see immediately behind the truck or in certain areas alongside the truck. For smaller vehicles traveling in these spaces, it can become quite dangerous, especially if the driver fails to use appropriate care when making lane changes or turning.
In general, truck drivers must use reasonable care and skill when operating large trucks and avoid any foreseeable risks of causing harm to other motorists and pedestrians. This means that they must ensure that the way is clear before making lane changes, turning, or entering or exiting the highway. If you are injured as a result of a truck driver’s failure to ensure that the way is clear before maneuvering the truck and to yield if needed, you can bring a negligence claim to seek compensation for your injuries. In this claim, you must prove that the driver owed you a duty of care and failed to act according to that duty. You also must show that the unsafe driving was a direct cause of the injuries that you sustained and that you have suffered damages.
Since all drivers owe a duty to one another to drive cautiously and prudently, this element is fairly straightforward. Proving that a truck driver breached the duty of care can be accomplished in a number of ways, such as offering accident reconstruction evidence to show that the car was in the trucker’s blind spot.
The legal doctrine of vicarious liability allows a plaintiff to hold an employer liable for the negligent acts of an employee that were committed in the course and scope of employment. This means that you may be entitled to receive compensation from a trucking company as well as the driver. Proving the trucking company’s liability can be difficult in some cases, however, especially considering that many trucking companies avoid hiring drivers as employees and treat them as independent contractors instead. However, a truck crash lawyer in Massachusetts can assist you with determining whether you may have a viable claim against a trucking company as well as a driver.
The third step of a negligence action, causation, requires the plaintiff’s attorney to show that they would not have been injured but for the truck driver’s failure to use due care regarding blind spots. Finally, you will be asked to provide documentation and evidence substantiating the amount of compensation that you are requesting in the lawsuit. This often includes medical expenses, physical therapy costs, missed paychecks, and any future losses stemming from the accident, such as a reduction in your earning capacity.Seek Representation from a Knowledgeable Personal Injury Attorney in Boston
At Breakstone, White & Gluck, we have guided many truck accident victims and the families of victims of fatal accidents through the litigation process. From evaluating your claim to negotiating with insurance companies, we know how challenging this experience can be for you. Our attorneys have served people in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. We have the knowledge and experience that it takes to fully protect your rights. To schedule a free consultation, call us now at 1-800-379-1244 or contact us online. We are also available to discuss your options if you were hurt in a crash caused by inadequate braking ability or another issue involving a truck.