Motorcycles are a convenient and thrilling means of travel, but their smaller size makes them vulnerable to accidents, especially around large commercial vehicles. Even your average passenger vehicle is susceptible to accidents from truck drivers failing to double-check their blind spots. With heavy commercial trucks moving along major corridors like I-95 and I-595 and in and out of Port Everglades, no-zone truck blind spot accidents are bound to occur, but that does not excuse their liability.
If you have been injured as a rider when caught in a truck’s blind spot, our Fort Lauderdale motorcycle accident lawyers explain what is required to prove fault and the damages you may be able to seek for compensation.
Understanding Truck Blind Spots and Motorcycle Visibility
A truck’s blind spots, also known as no-zones, are the areas around the commercial vehicle where the driver’s vision is obscured. These blind spots include:
- Front: Roughly 20 feet in front of the cab
- Rear: Directly behind the trailer to about 30 feet back
- Sides: From the driver’s side door back one lane wide, and on the right side, two lanes wide and the entire length of the truck.
A truck’s no zones also include the wider turn radius they require, typically 55 feet. The cab will turn late, but the rear of the trailer will cut into one lane over.
Why Motorcycles Are Harder for Truck Drivers to See
A Fort Lauderdale motorcycle accident due to a truck’s blind spots is typically because the motorcycle has a smaller profile. Your average passenger car, at roughly 15 feet, can be missed if the truck driver fails to check their blind spots; a motorcycle at half that length, even more so.
Drivers and motorcyclists are advised to be aware of and stay out of a truck driver’s blind spots. However, truck drivers have an obligation to check their blind spots before changing lanes or turning. They can still be held liable for any damages they cause, regardless of whether the motorcyclist was in their blind spot.
Common Blind-Spot Truck Accidents Involving Motorcycles
The most common type of accident that riders in Florida suffer injuries in is the motorcycle lane change accident. The truck driver is changing lanes or merging, fails to see the motorcyclist in their blind spot, and strikes them.
Other common blind spot accidents include:
- Trucks drifting into adjacent lanes
- Wide right turns crossing motorcycle lanes
- Stop-and-go traffic on highways and arterial roads
Motorcyclists often suffer catastrophic injuries in these accidents, such as:
- Traumatic brain injuries (TBI)
- Spinal cord and nerve damage
- Broken and crushed bones
- Internal injuries
- Road rash
In some cases, the rider may be left disabled, disfigured, or may lose their life.
Who Can Be Held Liable in a Fort Lauderdale Truck Blind-Spot Motorcycle Crash?
As stated, the truck driver is responsible for any injuries they cause. In addition to failing to check their mirrors and blind spots when making a lane change, other causes could include:
- Distracted driving, such as checking a GPS or texting while driving
- Impaired driving, which is 0.04% BAC under Florida Statutes § 322.62
- Fatigued driving, exceeding the Federal Motor Carrier Safety Administration (FMCSA) hours of service
However, they may not be the only party that could share in the fault. In Florida, the trucking company carries liability as well. Trucking companies are vicariously liable for their employees. They could be held responsible for the accident due to:
- Negligent hiring or training
- Encouraging unsafe driving schedules
- Violating FMCSA safety regulations
Other potentially liable parties include:
- Third-party maintenance providers
- Truck or mirror manufacturers (defective equipment cases)
- Cargo loaders affecting vehicle stability or visibility
Our legal team will investigate your accident and identify all parties that may share in the fault for your motorcycle accident claim.
Evidence Used to Prove Fault in Truck Blind-Spot Motorcycle Accidents
Proving fault and securing a fair settlement for your injuries and losses requires evidence. Evidence in your accident could include:
- Police Report and Physical Evidence: Including vehicle damage patterns, skid marks, debris, and roadway conditions
- Digital and Documentary Evidence: Truck driver logbooks and electronic logging devices (ELDs), dash cams and traffic surveillance footage, GPS and black box evidence from the truck accident
- Witness and Expert Evidence: Eyewitness statements, accident reconstruction testimonies, and medical records linking injuries to the crash
If your injuries permit, you can start collecting evidence while at the crash in the form of photos and videos of the accident scene, your injuries, and the vehicle damage.
Compensation Available to Injured Motorcyclists in Fort Lauderdale
Damages reflect the physical, financial, and emotional impact on your life. You could be eligible to seek such damages as the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Medical expenses (emergency care, surgeries, rehabilitation)
- Lost wages and reduced earning capacity
- Motorcycle repair or replacement
Depending on the circumstances in the case, you may also seek punitive damages. These damages may apply if there is evidence of gross negligence, such as intoxicated or reckless truck driving, or repeated safety violations by the trucking company.
How Florida Law Impacts Motorcycle and Truck Accident Claims
Two laws may affect the resolution of your personal injury claim:
- Florida Statutes § 768.81: Fault is shared between all parties involved, and compensation is reduced proportionally.
- Florida Statutes § 95.11: The statute of limitations for a personal injury lawsuit is typically two years after the accident.
Insurers are aware of these laws and may try to use them against you. They could try to place greater blame on you for the accident or delay your claim past the statutory deadline, all to devalue or deny your claim.
Our Fort Lauderdale personal injury attorneys are aware of these tactics and can protect you, but you must contact us as soon as possible.
Protecting Your Rights After a Fort Lauderdale Truck Blind-Spot Crash
Contact the Law Offices of Wolf & Pravato for a free case consultation. Our accident attorneys can help you secure the compensation you need for recovery.
Call (844) 643-7200 today.