Blind spot accidents can happen with any type of vehicle, even motorcycles. However, they tend to happen more often with semi-trucks and tractor-trailers due to their size. The larger a vehicle, the bigger its blind spots are.
Unfortunately, when a smaller vehicle gets into a blind spot accident with a large commercial truck, the injuries and other damages can be devastating. Determining who’s at fault in these accidents can also be challenging.
If you are the victim of a blind spot truck accident and need help with your personal injury claim, McCoy & Sparks can assist you. Our team has years of experience handling Kentucky semi-truck truck accident cases, and we know what it takes to ensure the right party is held accountable.
Blind Spots and Semi-Trucks
Large trucks, like semi-trucks and tractor-trailers, have huge blind spots. According to the FMCSA, these blind spots are referred to as “No Zones” and should be avoided by other drivers, especially those operating smaller vehicles.
These “No Zones” are comprised of four blind spots:
- Directly behind the truck—within 30 feet.
- Directly in front of the truck—within 20 feet.
- To the right of the truck—up to two lanes outward, and directly next to the truck for about 10 feet.
- To the left of the truck—up to one lane out, and directly next to the truck for about ¾ of the truck’s length.
A good tip is if you can’t see your vehicle in the truck’s side mirrors, then the truck driver likely cannot see you. It is best to give truck drivers plenty of space so you remain visible.
Those who are most susceptible to being the victim of a blind spot truck accident include:
Liability in Kentucky Blind Spot Truck Accidents
Though the FMCSA advises other drivers to be mindful when driving around large trucks, truck drivers themselves are also responsible for avoiding accidents. Like any other driver, truck drivers have a duty to drive reasonably to avoid causing harm to others, such as checking blind spots. If a truck driver fails to check their blind spots and causes an accident, they will be viewed as having breached their duty and are thus liable for the accident and injuries that occurred as a result.
However, as the victim, you will still have to provide evidence to prove the truck driver acted negligently and breached their duty. Acts of negligence for truck drivers can include:
- Distracted driving
- Fatigued driving
- Failure to signal lane changes
- Failure to check blind spots
- Failure to properly adjust mirrors
- Driving under the influence of drugs or alcohol
If you can prove that the truck driver acted negligently in any of these or other ways, you will likely be able to hold them or the company they work for accountable. However, Kentucky’s liability is based on pure comparative negligence, which means that you could also be held liable if you are also found to have acted negligently and contributed to the blind spot accident.
Compensation for Victims of Blind Spot Truck Accidents
Kentucky is a no-fault state, which means if you are the victim of an accident, you must first seek compensation through your own auto insurance no-fault coverage. However, it is still possible to sue the truck driver or the trucking company if the damages you suffer meet certain thresholds.
The pure comparative negligence law will also play a role in the compensation you recover. Essentially, the amount you recover will be based on your percentage of fault. For example, if the truck driver is 100% responsible, then you will receive the full settlement amount, but if the truck driver is 90% at fault and you are 10% at fault, your settlement will be reduced by 10%.
This is why it is crucial that injured truck accident victims work with an attorney. You will need to provide sufficient evidence and argue your case to ensure the truck driver is held fully responsible so you can recover the full settlement you deserve.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
Determining liability in a Kentucky blind spot truck accident is challenging, but it is not impossible. With an experienced attorney representing you, you will have a better chance of proving fault and arguing your case.
Recognized as one of Central Kentucky’s best law firms, McCoy & Sparks represents thousands of clients in Central Kentucky. With a focus on providing premium service, our goal is to develop a strategy that best serves your personal needs to help achieve the best possible outcome.
You owe us nothing unless we win your case. Call us at (844) 4KY-WINS for a risk-free consultation with one of our truck accident attorneys today.