When Blind Spots Cause Albuquerque Trucking Accidents
Commercial trucks like 18 wheelers, tankers, tractor trailers, double trailers, tandem trailers, flatbeds, big rigs, and other large trucks have more and larger blind spots than passenger vehicles. These blind spots are at spots on the truck where passenger vehicles are likely to lurk, including just behind the truck and to the immediate sides near the truck cabin. Because of this, it is very likely that improper maneuvers such as lane changes or merges by the truck driver can result in very serious collisions with passenger vehicles.
Victims of Albuquerque trucking accidents caused by truck drivers failing to see what there is to be seen in his or her blind spot can be very serious injured or killed. Here at the Mark Caruso, our experienced Albuquerque trucking accident lawyers handle cases where victims have sustained catastrophic or fatal injuries from negligent motorists, including truck drivers. We have fought some of the largest trucking companies in the United Stats, including J.B. Hunt, FedEx, Schneider, and many others. If you or a loved one have been seriously injured or killed, call us for a FREE consultation by dialing (505) 883-5000.
Failing to See What There is to be Seen
All motorists on the roadway must seen what there is to be seen. This is part of a motorist’s obligation to use reasonable care in the use and operation of his or her motor vehicle. When a truck driver fails to see what there is to be seen and fail to use reasonable care, it can result in a trucking crash. These types of trucking crashes are negligent and victims or their families are entitled to compensation for their injuries.
Crashes Caused When Changing Lanes Results in Liability
The general rule is whoever is in a lane first will have the right to the lane. A motorist coming into that lane and causing a crash will be found to make an improper lane change and may be liable for the crash. This is both under the common law, or judge-made law, as well as the statutory law made by the Legislature.
For instance, NM Stat.66-7-317 provides that “a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety[.]” When a truck driver does not see another vehicle in a blind spot and changes lanes causing a trucking crash, that truck driver will have violated this statute. In violating this statute, the truck driver will be liable for all injuries proximately caused to victims under the doctrine of negligence per se.
This doctrine provides that the violation of a statute which causes harm to a protected class will render the violator automatically liable. It is a great tool for victims of personal injury accidents to use to protect their rights.
Victims of Albuquerque Trucking Crashes Caused by Blind Spots May Be Entitled to Compensation
If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.