Because of their immense size, tractor trailers have large blind spots on each side, in front, and behind them. As a part of their training, truckers learn the importance of checking these blind spots before moving or changing lanes. Still, many accidents occur because they fail to look before maneuvering their vehicle on the road. In these cases, large commercial trucks can easily cause an underride truck accident or another type of collision.
If you suffered injuries in a truck accident because of this, a failure to check blind spot truck accident lawyer in Pittsburgh, PA, can review your case and explain your options for compensation. Often, you can recover economic and non-economic damages.
The truck accident lawyers at Berger and Green will handle your claim and aggressively pursue the compensation you deserve. Call our office today at 412-661-1400 for your complimentary case evaluation.
Damages Available in a Blind Spot Truck Accident
Pennsylvania has a choice no-fault auto insurance law that allows you to file for compensation quickly and recover money for your medical care easily after a crash. You can file a claim with your no-fault insurance provider to collect a payout up to the policy maximum.
If this does not cover all your medical care, or if you have other damages, you can also file a claim against the truck driver and their employer to recover the rest of your economic damages. In addition to the remaining cost of your hospitalization and treatment, this could include:
- Lost wages;
- Lost future income or benefits if you cannot return to work;
- The repair or replacement of your vehicle;
- The cost of a rental car while yours is in the shop; and
- Other miscellaneous costs related to the accident.
You can file a claim for your economic damages no matter if you carry full tort or limited tort insurance coverage. If you chose full tort, however, you can also demand payment for your non-economic damages, such as pain and suffering and emotional distress.
Even if you opted for limited tort coverage, we may be able to help you claim these non-economic damages. That is because the state’s auto insurance liability laws include some exceptions to limited tort rules. You might qualify for these exceptions if:
- The trucking company registered the truck outside of Pennsylvania; or
- You suffered serious and catastrophic injuries in the wreck.
Who Is Liable for My Truck Crash?
In most Pittsburgh car accidents, the driver who acted carelessly and caused the crash is liable for the victim’s damages. Truck accidents work somewhat differently, however, because of a concept known as respondeat superior.
Respondeat superior holds an employer liable for the actions of employees when:
- The employee is on the clock; and
- The employee is engaging in work that benefits the employer.
This means that when a truck driver carelessly forgets to check blind spots before changing lanes and overrides a smaller vehicle, their employer—usually a large corporation or trucking company—is financially responsible for the damages the victims suffer. We typically pursue an insurance claim based on the employer’s large liability policy. This policy usually offers a much higher maximum payout than most individual drivers could afford to carry.
Navigating a Truck Accident Case
Anytime we handle a truck accident case, we fully investigate the circumstances surrounding the crash. We document all potentially liable parties and collect evidence to prove our case against the truck driver and their employer.
As a part of this process, we frequently:
- Call on a survey team or other experts to help us document the accident scene;
- Contact any witnesses who can help us understand the cause of the crash; and
- Use accident reconstruction specialists to prove the driver’s failure to check blind spots played a significant role in the collision.
The trucking company also has a wealth of evidence in this type of case that we need to identify and analyze. To ensure the company preserves this evidence, we send a spoliation letter as early in the process as possible. This letter legally binds the company to protect the evidence in your case.
This evidence could include:
- Trucker rest logs;
- Digital data from the truck’s computer;
- Dash cam video;
- Post-accident drug and alcohol test results, which would show if the trucker drove under the influence;
- The damaged truck and trailer;
- Maintenance logs; and
- Driver employment records and accident reports.
After we have the evidence we need to prove negligence and liability, we can file your third-party insurance claim for you. If you carry full tort coverage or meet one of the limited tort exceptions, we will also demand a fair payout to cover your pain and suffering, and other non-economic damages.
If the trucking company or its insurer refuses to settle, we will file a lawsuit to recover the compensation you deserve. We can present our evidence in court and ask for a fair payout based on your losses and expenses.
Talk to Truck Accident Lawyer in Pittsburgh Today.
If you believe your Pittsburgh truck accident occurred because a careless truck driver failed to check their blind spots before moving forward, backing up, or changing lanes, you should act as soon as possible. The statute of limitations only gives you two years to file a lawsuit against the trucking company or another liable party.
While this limit only applies to suing in civil court, it is important you pursue your insurance claim before this deadline passes. If we do not act in time, the insurance company might not be willing to negotiate a fair payout for you.
The truck accident team from Berger and Green offers free case evaluations and consultations for truck accident victims. We can help you understand your options for compensation if a trucker failed to check their blind spots and caused an accident. We handle these claims on a contingency basis. You pay us no attorney’s fees until we recover a payout for you.
Call us today at 412-661-1400 for your complimentary review.