Who Is Responsible In A Blind Spot Truck Accident in Michigan?
Blind spot accidents with tractor-trailers can lead to serious injuries. A car, motorcycle, or bicycle might be hit, pushed aside, trapped under a trailer, or forced off the road before the truck driver even notices. Large trucks have big areas around them that are hard for drivers to see, especially on the passenger side, right behind the trailer, and just in front of the cab. Still, truck drivers must always make sure it is safe before changing lanes, turning, or merging. If a truck driver moves into a lane that is already occupied, others besides the driver may also be responsible. We look into whether the driver, trucking company, truck owner, maintenance provider, or someone else played a part in the crash.
Why Commercial Truck Blind Spots Create Serious Accident Risks
The size of an 18-wheeler creates visibility problems that are not found with regular cars. A vehicle next to the trailer can disappear from the truck driver’s mirrors for a moment. The passenger side is especially hard to see, and vehicles driving close behind the trailer can also be hidden.
Professional drivers are expected to be aware of these blind spots. Before changing lanes, a truck driver should make sure the next lane is clear instead of assuming no one is there just because they cannot see another vehicle.
Federal regulations also address rearward visibility. Under 49 C.F.R. § 393.80, trucks, truck tractors, and buses generally must have rear-vision mirrors positioned so that the driver can view the highway behind and along both sides of the commercial vehicle, subject to certain approved alternative camera-system exemptions. Defective, improperly adjusted, damaged, or missing visibility equipment can become important evidence after a blind spot crash.
When The Truck Driver May Be Responsible
Driver negligence is frequently central to a blind spot collision. The truck driver may be responsible when a crash results from an unsafe lane change, improper merge, failure to check mirrors, excessive speed, distracted driving, or failure to maintain awareness of surrounding traffic.
Michigan law contains specific roadway rules that may apply. Under MCL 257.636, a driver overtaking another vehicle traveling in the same direction must pass at a safe distance. MCL 257.634 also regulates lane usage and imposes particular lane restrictions on certain trucks weighing more than 10,000 pounds, truck tractors, and vehicle-trailer combinations on freeways with three or more lanes.
A violation of a traffic statute can become significant evidence when determining whether a truck driver failed to exercise reasonable care. We examine not only where the collision occurred, but also how long each vehicle occupied its lane, whether turn signals were used, how the truck moved before impact, and whether the driver had a reasonable opportunity to identify the other vehicle.
We check employment records, driver qualifications, safety records, inspection and maintenance reports, electronic logs, dispatch messages, and other documents that might help explain why the crash happened.
When The Trucking Company May Share Responsibility
A commercial trucking accident claim can involve much more than the conduct of one driver. Depending on the facts and the legal relationship between the parties, a motor carrier may face liability for the actions of its employee or for its own negligent conduct.
A trucking company’s practices may become relevant if it hired an unqualified driver, failed to provide appropriate supervision, permitted unsafe equipment to remain in service, or ignored a pattern of dangerous driving. Federal Motor Carrier Safety Regulations impose numerous safety requirements on interstate commercial carriers, including driver qualification and vehicle inspection, repair, and maintenance requirements.
We review employment records, driver qualification materials, safety records, inspection reports, maintenance documentation, electronic logging information, dispatch communications, and other records when those materials may explain why the crash occurred.
The Truck Owner May Also Face Liability Under Michigan Law
Truck ownership can create another source of potential responsibility. Michigan’s owner liability statute, MCL 257.401, generally provides that the owner of a motor vehicle may be liable for injuries caused by negligent operation when the vehicle was being driven with the owner’s express or implied consent or knowledge, subject to statutory exceptions and special rules concerning leased vehicles.
This can be especially important in the trucking industry because the tractor, trailer, driver, and motor carrier may involve different companies or business arrangements. We identify the actual owners and operators rather than assuming that the company name displayed on the truck answers every liability question.
What Evidence Can Prove A Blind Spot Truck Accident?
Blind spot cases often become disputes over vehicle positioning. The truck driver may claim the injured motorist entered the truck’s blind spot at the last moment, while the motorist may report that the truck suddenly moved into an established traffic lane.
Physical and electronic evidence can help settle these disagreements. We might look at dash cam videos, traffic or security cameras, damage to the vehicles, data from the truck’s computer, GPS records, electronic logs, witness statements, photos, police reports, and the truck’s mirrors or camera system.
It is important to save this evidence as soon as possible because trucking companies may have records that an injured person cannot get without taking legal steps.
Can The Injured Driver Be Accused Of Comparative Fault?
Yes. Trucking companies and their insurers may argue that the injured motorist remained beside the truck too long, attempted to pass improperly, accelerated during a lane change, or otherwise contributed to the crash.
Michigan applies comparative fault principles under MCL 600.2959 and MCL 600.6304. When an injured person shares responsibility, recoverable damages may be reduced according to the percentage of fault assigned. If the injured person is more than 50 percent at fault, Michigan law bars recovery of non-economic damages.
For that reason, we do not treat a truck’s blind spot as automatic proof of either side’s liability. We reconstruct the events leading to impact and determine which driver had the opportunity and legal duty to avoid the collision.
Compensation After A Michigan Blind Spot Truck Accident
A serious truck crash can produce traumatic brain injuries, spinal damage, fractures, internal injuries, amputations, paralysis, and permanent disability. Michigan’s No-Fault Act may provide Personal Injury Protection benefits for qualifying motor vehicle accident losses, while a separate third-party claim may be available against negligent parties.
Under MCL 500.3135, an injured person may pursue non-economic damages against an at-fault party when the statutory requirements are satisfied, including cases involving death, permanent serious disfigurement, or serious impairment of body function.
Depending on the circumstances, a claim may include compensation for pain and suffering, excess economic losses, lost earning capacity, long-term medical needs, physical limitations, and other legally recoverable damages.
Frequently Asked Questions About Michigan Blind Spot Truck Accidents
Is A Truck Driver Automatically At Fault For A Blind Spot Accident?
No. Liability depends on what happened immediately before the collision. A truck’s large blind spots do not automatically establish negligence, but they also do not excuse an unsafe lane change. We examine whether the truck driver checked the surrounding lanes, used mirrors properly, signaled before moving, maintained adequate awareness, and had sufficient time to identify the other vehicle. We also evaluate the actions of the injured motorist because Michigan comparative fault rules may affect compensation when both drivers contributed to a crash.
Can We Sue The Trucking Company Instead Of Only The Driver?
Depending on the circumstances, claims may be available against both the driver and additional parties. A trucking company may bear responsibility based on the driver’s employment relationship or because of the company’s own conduct involving hiring, supervision, maintenance, or other safety practices. Michigan’s owner liability statute, MCL 257.401, may also create liability for a vehicle owner under qualifying circumstances. We investigate the corporate and ownership relationships involved before deciding which parties should be included in a claim.
What If The Truck Driver Says We Were Riding In The Blind Spot?
That statement does not by itself determine fault. A truck driver is expected to account for the vehicle’s visibility limitations before changing lanes or making another movement. We look at how long the vehicle was beside the truck, whether the truck passed the vehicle before moving over, traffic conditions, vehicle speeds, signaling, witness accounts, dash camera footage, and physical damage. A careful reconstruction can establish whether the truck moved into a lane that was already occupied.
What Happens If The Truck’s Mirrors Or Cameras Were Defective?
Defective visibility equipment may become significant evidence. Federal regulation 49 C.F.R. § 393.80 generally establishes rear-vision mirror requirements for commercial trucks, truck tractors, and buses, although FMCSA has authorized limited alternative camera-system exemptions. Maintenance records, inspection documents, repair histories, and post-crash photographs may reveal whether the equipment was missing, damaged, improperly adjusted, or otherwise unsafe. Depending on the evidence, responsibility could involve the carrier, vehicle owner, maintenance provider, or other parties.
How Quickly Should A Blind Spot Truck Accident Be Investigated?
We prefer to begin as early as possible because evidence can change or disappear. Commercial trucks may contain electronic information, video, GPS data, driver logs, dispatch records, inspection documents, and maintenance records that become important to proving liability. Nearby businesses or government traffic systems may also have video that is retained only temporarily. Early preservation efforts can prevent valuable evidence from being routinely erased or lost.
Talk To Ravid & Associates, P.C. About Your Michigan Blind Spot Truck Accident
Blind spot truck accidents can leave injured motorists facing serious medical treatment, lengthy rehabilitation, lost income, and uncertainty about who should pay for the harm caused. We investigate the truck driver, motor carrier, vehicle ownership, safety records, visibility equipment, electronic evidence, and every other factor that may establish responsibility. When insurers attempt to place unfair blame on an injured motorist, we work to establish what actually happened and pursue the compensation Michigan law permits.
If you were injured in a Michigan truck accident, call our Detroit trucking accident attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation.
