Boston Blind Spots: Hidden Dangers and Liability

May 11, 2021 | Attorney, Matthew Dolman
Boston Blind Spots: Hidden Dangers and Liability

Boston Blind Spot Motor-Vehicle Accidents

Windows and mirrors are vital for spotting other motorists. Blind spots are hidden dangers that surround cars and trucks. When a driver fails to use caution behind the wheel, a driver in or out of a blind spot can experience serious injuries. At special risk for this type of accident are drivers passing tractor-trailers, and motorcycles traveling near other vehicles. The damages you suffered due to driver negligence deserve justice. A Boston truck accident lawyer can help you pursue compensation for your medical costs, lost wages, and pain and suffering.

Tractor-Trailer No Zones

Passing a tractor-trailer is sometimes a frightening experience; the vehicle's sheer size can intimidate the most confident drivers. All four sides of a tractor-trailer contain blind spots, making it difficult for the truck driver to see vehicles around them. Truck drivers rely on their side mirrors to monitor other drivers. It is common for trucking companies to post warnings on the back of the trailer. These warnings alert drivers that the driver cannot see you if you cannot see the truck's mirrors. While you must use caution passing a tractor-trailer, truck drivers must use the same caution with blind spots. A commercial truck driver who takes risks behind the wheel can face liability for their negligence. Examples of dangerous actions and behaviors behind the wheel that can affect a truck driver's ability to consider blind spots are:
  • Drowsy driving: The Federal Motor Carrier Safety Administration (FMCSA) sets industry rules and regulations regarding rest breaks. The hours of service a driver must follow require a certain number of breaks for a specific amount of time. A drowsy or sleep-deprived driver is at risk of losing control of their tractor-trailer and possibly their load.
  • Drunk or drugged driving: Long hours and an inability to rest during mandatory breaks may lead drivers to drink or use drugs. The blood alcohol concentration (BAC) level for commercial truck drivers is 0.04 percent. This is half the 0.08 percent for other drivers.
  • Aggressive driving: A speeding or otherwise aggressive truck driver is dangerous and potentially deadly. When fully loaded and driving at 65 mph in normal weather conditions, a tractor-trailer can weigh up to 80,000 pounds. The impact of a collision with another driver can forever change everyone's life.
  • Distracted driving: Truck drivers are not immune to the dangers of distracted driving. From smartphones to billboards, distraction can occur both inside and outside the cab.
The FMCSA reports that a truck traveling at 65 mph takes up to two football fields to stop. A speeding or distracted truck driver may not stop in time to avoid a collision with your vehicle.

Car Blind Spots and Motorcycle Accidents

The narrow profile of a motorcycle makes it difficult for drivers to spot in their mirrors. The National Highway Traffic Safety Administration (NHTSA) reports that nearly half of the area surrounding a vehicle contains blind spots. Most motorcycle training includes instruction that teaches cyclists how to purposely swerve behind vehicles. A motorcycle operator's weaving action in the rearview mirror aims to alert drivers to the cyclist's presence. According to the NHTSA, blind spots are a grave danger for motorcyclists at roads that are not the same grade as—or perpendicular to—a driveway or parking lot. Such situations can result in a driver misjudging distance and the approaching speed of the motorcycle. The same dangerous behaviors of drunk, distracted, or aggressive driving can result in a motorcycle accident. If the driver of a passenger participates in road rage, the results are often tragic and deadly for the motorcyclist. The injuries you experienced due to driver negligence can leave you with medical bills you cannot afford. A catastrophic injury can prevent you from ever working again. Financial stress due to the negligent actions of another person is not fair. If a driver failed to give a second look, a second thought, they may face liability for your motorcycle accident damages. Motorcycle awareness is every driver's responsibility. If your physical, emotional, and financial stress is due to a driver who did not share the road, consider legal action.

How a Boston Truck Accident Lawyer Can Help You

Operating a motor vehicle requires skill and demands responsibility. Boston drivers who do not exercise caution around others place them at risk for life-altering harm and financial stress. A truck accident lawyer can help you by representing you in a civil claim and lawsuit. It is common for truck accident cases to settle out of court. Insurance companies typically do not want to face a truck accident lawyer in court before a judge and jury. Negotiating for a fair settlement is not an easy process—rather one that requires skill and experience. Your truck accident lawyer understands the tactics insurance companies use to pay as little as possible or deny a claim. This knowledge is extremely valuable when it comes to pursuing the compensation you deserve. The following types of compensation are possible in truck accident claims:
  • Medical costs: Medical transport, hospital, and doctors' fees
  • Ongoing medical costs: Costs associated with rehabilitation, medications, and therapies
  • Lost wages: The income missed due to your recovery
  • Loss of future earnings: The earnings possible if returning to your job is impossible
  • Pain and suffering: The mental anguish and overall impact on your quality of life
These types of damages were most likely preventable had the responsible driver checked for blind spots. While each truck accident case differs and compensation is never guaranteed, do not settle for less than you deserve.

Hidden Dangers of Accepting a Settlement Alone

Serious injuries can make you anxious about how to pay your mounting bills. Medical bills and household expenses can quickly accumulate. If you are in a hospital bed, worrying about your financial situation, use caution when an insurance adjuster contacts you. An insurance adjuster may tempt you with a settlement offer before you have a chance to contact a lawyer. The amount offered may seem like the solution to your situation. Rising medical costs and uncertainty about your future medical needs can make accepting their offer risky. Insurance companies want your claim closed as soon as possible and for the least amount possible. If your medical condition worsens, you may not pursue a new claim or file a lawsuit. The settlement you accepted prevents you from further action and additional compensation. How you proceed now—during this most vulnerable time—is critical for your future.

Fatal Accidents Caused by Blind Spot Accidents

A blind spot accident can result in fatality for drivers and passengers alike. If you lost someone close to you due to a negligent driver, you may want to pursue a wrongful death claim and lawsuit. The death of your loved one is shocking and heartbreaking. The emotional stress of dealing with their sudden loss can leave you confused as to your next step. If the decedent contributed to your finances, the impact can cause you great fear about your expenses. Planning a funeral or memorial service can consume your time—and cause you to lose track of it. The thought of pursuing legal action may cross your mind yet fade as you inform family and friends of your loss. Quick action on your part is necessary for meeting the statute of limitations. If you do not file your case within the time allowed by state law, you may miss your opportunity for compensation forever. A wrongful death action can pursue: Wrongful death cases generally involve two types of damages: economic and non-economic. Damages like those listed above are economic damages, with specific costs. Non-economic damages are those like the loss of companionship your loved one provided. A wrongful death lawyer can convey the value of this loss to the insurance adjuster and, if necessary, in court. Blind spots are a great danger to everyone on Boston city streets and highways. If you lost a spouse, parent, or child to a driver who failed to use caution behind the wheel, it's vital to pursue justice.

Important Forms of Evidence

The reluctance to pay a claim can lead insurance companies to blame the accident victim for the crash. To successfully pursue compensation in a civil claim and lawsuit, you must prove negligence. Providing your attorney with the following types of evidence can help them build your case:
  • Contact information for eye-witnesses
  • An official police report
  • Accident scene photos
  • Medical reports regarding your injuries
  • Medical bills associated with your care
  • Wage and employment information
These are just a few examples of the types of evidence that may help your case. Information you may possess but deem unimportant may prove invaluable for your case. Gather all information relating to your accident, injuries, or loss. Important evidence can become lost or damaged. The sooner you present your information to an attorney, the better.

The High Cost of Blind Spot Accidents

The second you experience a blind spot accident, your life forever changes. From personal injuries to the death of a loved one, your world changes and will never return to how it was before the accident. Along with the physical, emotional, and psychological impact of blind spot accidents is the financial costs.
  • Traumatic brain injury: If you or a loved one suffered a traumatic brain injury, its severity may require skilled care. The cost of a Massachusetts skilled nursing facility can average between $10,000 to $11,000 a month. This is an extreme monthly cost that the negligent party should pay and not you.
  • Spinal cord injury: A patient with a spinal cord injury can face expenses such as a power chair and home modifications for the chair. According to the Christopher and Dana Reeve Foundation, the average lifetime costs associated with a spinal cord injury can reach millions.
  • Funeral costs: The costs associated with a service and burial average between $7,000—$12,000. Such costs may overwhelm you during your time of grief.
These are just a few examples of the tremendous costs associated with blind-spot accidents in and around Boston.

A Free Case Evaluation Leaves You Nothing to Lose

Traveling in and around Boston requires a dedicated focus. If a distracted or otherwise negligent driver caused you serious injuries or the loss of a loved one, consider getting legal help. The time following such a traumatic and tragic accident is intense and filled with emotion. You may feel frustrated and angry about the driver's failure to take one quick look in their mirror. Your lawyer can easily understand your frustration. They can get to work protecting your best interests against insurance companies who seek to underpay or even deny your claim. You do not have to carry the burden of your civil case alone. By allowing a lawyer to represent you, it is possible to concentrate on your recovery or grief. The dedicated, experienced Boston personal injury lawyers at Dolman Law Group can guide you through all of the above processes and more as we work zealously to protect your rights and recover the compensation you need. You can easily reach Dolman Law Group at 833-552-7274 (833-55-CRASH) or contact us online. Dolman Law Group Accident Injury Lawyers, PA 76 Canal Street, Suite 302 Boston, MA 02114 https://www.dolmanlaw.com/boston-car-accident-lawyer/

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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