·  Legal News, Analysis, & Commentary

News & Politics

Who’s At Fault in a Blind Spot Truck Accident in San Jose?

— July 12, 2022

A blind spot is defined as an area around a truck where the driver cannot see other vehicles in the side or rearview mirrors.

San Jose, CA – Traffic fatalities are on the rise in the San Jose area and truck accidents account for many of the deaths. For the first six months of 2022, there were 34 fatalities registered in San Jose, up from 25 for the same period last year. A woman was killed by a truck while crossing the street, while another was run down by a garbage truck right when she was taking out the trash. 

According to the police, the garbage truck driver claimed he didn’t see the woman as she was in his blind spot, using this as some sort of excuse.

Blind spot accidents are notoriously dangerous, but this kind of defense won’t hold in court if you file a personal injury or wrongful death lawsuit. 

If you’re in this type of crash, never trust what the insurer representing the trucker or his employer tells you. They don’t have your best interests at heart and they may twist the facts in such a way as to convince you it was all your fault for being in the trucker’s blind spot. Look up knowledgeable  San Jose truck accident lawyers and let them handle the insurance adjuster. 

What are blind spot truck accidents?

A blind spot is defined as an area around a truck where the driver cannot see other vehicles in the side or rearview mirrors. This is a common problem for motorists, but things are even worse when it comes to trucks. The driver of a large semi will have a wider and longer blind spot than the driver of a regular sedan or a pickup truck. Yet, this doesn’t mean that a trucker can get away with causing accidents.

Rear view window; image by Tobias Tullius, via
Rear view window; image by Tobias Tullius, via

After all, they have to get a commercial driver’s license and they’re trained on how to handle blind spots. Also, before they can get on the road, the employer must provide ample training to a new driver. If they didn’t, that’s called negligence and your San Jose accident lawyers will see that they pay for it.

How to prove fault in a blind spot accident?

Don’t try to negotiate this type of claim on your own. You need good knowledge of traffic laws and local regulations to counter the insurance adjuster’s arguments.

For instance, the insurance adjuster representing the trucker or his employer will argue that:

  • It was your fault as you were riding in the trucker’s blind spot
  • You should have slowed down allowing the trucker to see you
  • Don’t you know that large vehicles have blind spots? You should have been more careful!

By this type of reasoning, in the story mentioned above, it was probably the fault of the woman who was taking out her trash just when the all-important garbage truck was doing its rounds. 

Many times the reasoning insurance adjusters use is so outrageous victims are left speechless. Experienced attorneys will be unfazed, they’ve heard things like that before and they know that such arguments have no legal value whatsoever. 

Truckers need to be especially careful. Driving an 18-wheeler is a huge responsibility and they have a duty to care for the safety of other road users, just like any other motorist. Failure to look out for other cars is a breach of that duty, and, in the eyes of the law, this constitutes negligence. Once your lawyers prove that the trucker was negligent, you are entitled to full compensation for your economic damages, as well as for your pain and suffering. 

Join the conversation!