What Happens if the Trucking Company Claims I Was in the Blind Spot?

After a collision with a commercial truck, you might hear the trucking company say, “You were in the blind spot.” This accusation often leaves drivers feeling unfairly blamed and confused about what happens next.

If a trucking company claims you were in the blind spot, it doesn’t automatically mean you’re at fault for the accident. Many factors determine responsibility, and a truck accident lawyer knows how to challenge the blind spot defense.

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What Are Truck Blind Spots or No-Zones?

Large commercial trucks have significant blind spots around them where the driver’s direct line of sight is blocked, known as “no-zones.” Pedestrians, motorcycles, and even full-sized passenger vehicles disappear from the truck driver’s view if they’re in a no-zone.

The main blind spots on a semi-truck include:

• Directly in Front: The hood of a large truck obstructs the view for some distance directly ahead.
• Directly Behind: The trailer blocks any view immediately to the rear.
• Left Side: A blind spot exists along the driver’s side, primarily next to the cab and extending partway down the trailer.
• Right Side: This is often the largest blind spot, running the length of the truck and extending out several lanes.

The Truck Driver’s Responsibilities

Commercial truck drivers operate powerful machines that pose significant risks to other road users. Because of this, they are held to a high standard of care. Their responsibilities go beyond simply staying in their lane. Negligent actions often contribute to accidents that are blamed on blind spots.

Checking Mirrors and Surroundings

A truck driver must constantly monitor their surroundings. This involves regularly checking their multiple, specialized mirrors. They need to look for vehicles approaching from behind or traveling alongside them.

Beyond mirror checks, drivers sometimes need to make slight head movements to see around A-pillars or other obstructions. Before making any maneuver, a trucker must diligently check to see if any other vehicle is in a position that might lead to a collision.

Using Signals Properly

Signaling intentions is basic driving safety, even more so for large trucks. Truckers must use their turn signals well before any lane change or turn. This warning gives other drivers time to react to the truck’s intended movement.

A failure to signal, or signaling too late, is a common factor in accidents where the trucking company blames a blind spot. If the trucker didn’t signal, you had no warning they were about to move into your path.

Safe Lane Changes and Turns

Making a safe lane change or turn in an 80,000-pound vehicle requires skill, caution, and ample space. Truck drivers must ensure the lane they intend to enter is clear and has enough room to complete the maneuver without endangering others.

An abrupt or poorly judged lane change can easily cause an accident if the other vehicle is momentarily in a blind spot.

Technology That Helps Truckers See Around Them

Many trucking companies use technology to help drivers see better and mitigate blind spots. This technology includes:

• Advanced Mirrors: Some trucks have additional convex or heated mirrors designed to expand the field of vision.
• Sensor Systems: These systems use radar or ultrasonic sensors to detect objects in blind spots and provide audible or visual alerts to the driver.
• Camera Systems: Side-view and rear-view cameras offer a broader perspective than mirrors alone.

This technology’s presence, maintenance, and proper use are relevant if a trucking company claims you were in the blind spot. If the truck’s safety systems weren’t working or unused, it would weaken their defense.

The Trucking Company and Its Insurance: Post-Crash Strategies

After an accident, the trucking company and its insurance provider usually act quickly to protect their interests. Both parties may deploy strategies that could hurt your claim, but a personal injury lawyer offers guidance and protection.

Shifting Blame

One of the first things a trucking company’s insurer may do is try to shift blame for the accident onto you. A frequent way they do this is by stating their driver couldn’t see you because you were in the truck’s blind spot. This is an attempt to make you responsible for the collision.

They might do this to minimize or deny their financial liability for your injuries and damages, or in hopes that you’ll accept responsibility. They might pay less or nothing if they successfully argue the spot defense.

Using Your Statements Against You

Insurance adjusters for the trucking company are trained to gather information that benefits their side. They may contact you soon after the accident and ask for a recorded statement, seeming friendly and concerned.

However, anything you say in this statement may be used against you later. They might ask leading questions or try to get you to admit partial fault. Contact a personal injury lawyer before giving a recorded statement to the trucking company or its insurance.

Offering a Quick, Low Settlement

Sometimes, if the trucking company knows its driver shares some fault, its insurer might offer you a quick, low settlement, hoping you’ll take the money and sign away your rights. This offer might come before you even know the full extent of your injuries or vehicle damage.

These initial offers are almost always far less than the true value of your claim. Accepting such an offer means you cannot seek more money later, even if your medical bills increase or you discover more long-term problems.

Factors That Influence Fault

Several factors determine who is at fault after a commercial truck crash. It’s rarely as simple as just being in a particular spot next to a truck. The actions of both drivers and the available evidence play a large role.

The Trucker’s Actions

The truck driver’s conduct leading up to the crash is a primary focus. Did the trucker use their turn signal before changing lanes or turning? Did they check their mirrors and honestly try to clear blind spots?

Was the trucker speeding, driving erratically, or showing signs of distraction or fatigue? Any negligence on the trucker’s part will be considered. If the trucker made an unsafe maneuver, the blind spot claim is less credible.

Your Actions

Investigators also review your actions as the passenger vehicle driver. Were you maintaining a consistent speed and lane position? Did you make any sudden or unpredictable movements?

Investigators also examine whether you lingered in a blind spot for an extended period. However, this is often subjective and can be challenged by your lawyer.

Evidence From the Scene

The physical evidence from the accident scene provides valuable clues. This evidence often includes:

• Police Report: This report contains initial observations, diagrams, and sometimes preliminary opinions on fault, though it’s not always conclusive.
• Witness Statements: Independent witnesses who saw the accident can offer unbiased accounts of what happened.
• Photographs and Videos: Pictures or videos of the vehicles’ positions, damage, skid marks, debris, and road conditions are very useful.

This evidence helps reconstruct the sequence of events and challenges a simple blind spot explanation.

Vehicle Technology and Data

Commercial trucks often have onboard technology that records crucial data. The truck’s Event Data Recorder (EDR), or black box, logs information like speed, braking, steering inputs, and other operational details just before and during a crash. This data helps show what the truck was doing.

Dashcam footage from either the truck or your vehicle provides a visual record of the accident. Additionally, maintenance records for the truck’s mirrors, sensors, or camera systems are examined to see if they were properly functioning.

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How a Lawyer Combats a Trucking Company’s Blind Spot Defense

Facing a claim from a trucking company that you were in their driver’s blind spot is a serious situation. A lawyer experienced in truck accident cases provides significant help in overcoming this challenge.

Investigating the Accident

A lawyer initiates an independent investigation into the crash by gathering all available evidence, such as police reports, witness statements, medical records, and photographs of the scene and vehicles.

They work to secure and preserve critical evidence from the trucking company, like the truck’s EDR data and the driver’s logs. They may also hire accident reconstruction professionals to analyze the crash dynamics and show how the accident truly occurred.

Dealing With the Trucking Company and Insurers

Once you have a personal injury lawyer, they handle all communications with the trucking company and their insurance adjusters. This protects you from aggressive tactics and prevents you from unintentionally saying something that could harm your case.

Your truck accident attorney presents the facts and advocates for your position, directly challenging any attempts by the trucking company to unfairly blame you for being in a blind spot.

Understanding Trucking Laws and Regulations

Truck crash attorneys understand the complex federal and state regulations that govern the trucking industry. These rules cover everything from driver hours of service to vehicle maintenance and safe operating procedures, including how drivers manage blind spots.

Your lawyer determines if the truck driver or the trucking company violated any of these regulations, which is powerful in proving negligence.

Calculating Your Full Damages

A lawyer helps you identify and calculate the full extent of your damages, including current and future medical expenses, lost wages and earning capacity, vehicle repair or replacement costs, and compensation for pain and suffering, and emotional distress.

Negotiating a Fair Settlement or Going to Court

Most truck accident claims resolve through settlement negotiations. Your personal injury lawyer uses the evidence and their understanding of the law to negotiate aggressively with the trucking company’s insurer for a fair settlement.

If the insurer refuses to offer a reasonable amount, your lawyer can file a lawsuit and represent you in court, fighting to hold the responsible parties accountable.

FAQ for What if the Trucking Company Claims I Was in the Blind Spot?

Is an Accident Always My Fault if I Was in a Truck’s Blind Spot?

If you were in a blind spot and had a collision with a commercial truck, it’s not necessarily your fault. Truck drivers have a professional duty to check their blind spots and operate their large vehicles safely.

If the truck driver was negligent, for example, by changing lanes unsafely, failing to signal, or driving distracted, they may be at fault even if your vehicle was in one of their blind spots at the moment of impact.

How Can I Prove the Truck Driver Was at Fault if They Say I Was in Their Blind Spot?

Proving the truck driver’s fault involves a thorough investigation and gathering of evidence. This includes witness statements, the official police report, photographs and videos from the accident scene, and an examination of the damage to both vehicles.

An attorney may also use accident reconstruction analysis and data from the truck’s black box (EDR) to demonstrate that the trucker’s actions, not just your position, caused the crash.

What are the Common Mistakes After the Trucking Company Claims I Was in the Blind Spot?

If the trucking company claims you were in the blind spot, avoid giving a recorded statement to their insurance adjuster without first consulting with a personal injury lawyer. Don’t admit fault, guess about details, or sign any documents or settlement releases presented by the trucking company.

Accepting a quick offer might prevent you from recovering fair compensation for all your losses.

Do Trucks Have Special Equipment To Help With Blind Spots?

Yes, many modern commercial trucks are equipped with various technologies to help drivers manage blind spots, including:

• Additional Mirrors: Convex or fender-mounted mirrors can expand the driver’s field of vision.
• Sensor Systems: Radar or ultrasonic sensors detect vehicles or objects in blind spot areas and alert the driver.
• Camera Systems: Side-view and rear-view cameras provide live video feeds to a display in the cab.

How Long Do I Have To File a Claim After a Truck Accident?

The deadline (statute of limitations) to file a personal injury lawsuit after a truck accident varies by state. For instance, in Florida, you generally have two years from the accident date, while in Washington, it’s typically three years.

Missing this deadline means you lose your right to seek compensation through the courts. These rules have some exceptions, particularly if a government truck was involved. Speak with an attorney promptly to protect your claim.

Don’t Let a Blind Spot Claim Steer You Wrong

A trucking company’s blind spot claim is a serious challenge, but it’s not an unbreakable barrier to fair treatment. Your side of the story matters, and the specific details of the crash often reveal a more complex picture than a simple accusation.

Our personal injury lawyers are ready to listen to your experience, investigate the accident, and fight for justice. Call us today at (813) 445-8161 for a free consultation to discuss your case.

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