Many people in Southern California must drive alongside and behind commercial trucks on a daily basis. Unfortunately, big rigs and tractor-trailers have numerous large blind spots that are easy to get stuck within. When a truck driver is unaware of a car in his or her blind spot, there is a greater possibility that the trucker will switch lanes or brake in a way that can cause harm to people in the passenger car. If you are hurt because of a careless driver, the Los Angeles truck accident lawyers at Sharifi Firm may be able to represent you in a suit for damages.Holding Truckers Accountable for Negligence
Blind spots around a truck include the rear of the truck, the right rear side, and the left rear side. Although commercial vehicles have mirrors, they may not catch activity around the points of the truck farthest from the driver. Moreover, truck drivers do not necessarily realize that someone is driving just behind the tractor-trailer. When a driver stops suddenly, the car following can end up driving under the truck in an underride accident, which can result in a crushed car roof and traumatic brain injuries or death.
If you are hurt in a truck accident because a truck driver failed to see you, you are likely to suffer catastrophic injuries. You can sue the driver if the driver was negligent, and you may also be able to sue the driver's employer under a theory of vicarious liability or respondeat superior. In order to recover compensation, you must prove the driver's negligence by a preponderance of the evidence. The truck company also can be held accountable when the trucker was driving in the course and scope of employment, and furthering the employer’s business, at the time of the accident.
In a blind spot case, the defendant’s attorney may allege you were comparatively negligent by staying within the blind spot for a long period of time. California follows the doctrine of pure comparative negligence. This means that a defendant can ask the jury to evaluate a plaintiff's own degree of fault. The jury can decide whether and to what extent a plaintiff was negligent and assign both the defendant and the plaintiff a percentage of fault as appropriate. The plaintiff's total damages will be reduced by his or her degree of fault. For example, if a jury finds that your damages are $300,000 and that you were 10 percent responsible, you still may be able to recover up to $270,000.Consult an Attorney after a Motor Vehicle Collision in Los Angeles
After getting into an accident caused by a negligent truck driver, you may be able to recover both special damages (economic damages) and general damages (non-economic damages). However, you are likely to recover more if you are represented by a motor vehicle collision lawyer who has helped people in Los Angeles and throughout Southern California assert their rights. At the Sharifi Firm, we understand the regulations of truck driving and the type of evidence that may help your case. Contact us at 1-866-422-7222 or via our online form for a free, no-obligation consultation with an attorney. We also represent clients in Rancho Cucamonga, Temecula, and Riverside, among many other communities.