When a driver’s line of sight is blocked, a catastrophic visual obstruction accident may occur. If you’ve been injured in a crash involving a big rig or commercial vehicle, you do not need to face the aftermath alone. The accomplished truck accident lawyers at Wilshire Law Firm are here to help you pursue the justice and compensation you deserve. We will determine liability and put the blame where it belongs. We’ve recovered over $1 billion for clients.
You have the right to expect the road to be free of visual obstructions to prevent physical or emotional injury in a truck accident. When the state, city, trucker or trucking company reneges on this responsibility, you can file a lawsuit to recover damages. An experienced truck accident lawyer at Wilshire Law Firm can help you obtain the damages you deserve.
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How a Truck Accident Attorney for Visual Obstruction Crashes Can Help
A truck accident lawsuit claiming a visual obstruction can be challenging. First, complex rules govern trucking in California [1]. Second, government agencies and trucking companies have extensive legal departments that will do everything they can to ensure your claim fails. Wilshire Law Firm has fought this mentality for years and will fight for you. Our firm has collected over $1 billion in settlements and awards for clients.
Defining Visual Obstruction Accidents – Line-of-Sight Crashes
A visual obstruction accident – also known as an obstructed view or line-of-sight crash – occurs when an obstacle, including a commercial vehicle or semi-truck, blocks a driver from seeing the road. Unobstructed visuals on the road are imperative for making safe driving choices. When this view is impeded, accidents can easily occur, and a truck driver may be found negligent if their big rig or similar vehicle was parked or stopped in a position that unreasonably blocked the view of those sharing the roads.
Visual obstruction collisions involving semi-trucks may also occur when the driver of a big rig knows about an object blocking their line of sight, but does not take necessary precautions to safely navigate the obstruction. Often, as a result, this potentially negligent behavior causes a collision with other motorists, pedestrians or bicyclists.
Additionally, a line-of-sight truck crash may occur if something within the truck driver’s vehicle obstructs the view of the road.
If any of these may have contributed to a crash with injuries, you may be entitled to collect compensation to recover damages. Call us 24/7 to begin a free review of your case and get your questions answered.
Investigating the Visual Obstruction Accident
Your Wilshire legal team can deal with the insurance company and its adjusters. We can also assist with:
- Review police reports: This document contains extensive information about the accident and the at-fault driver, including citations and prior infractions. If mistakes exist in the report, they can harm the case outcome. Your truck accident lawyer at Wilshire Law Firm will correct the errors after a thorough investigation.
- Accident reconstruction: To determine liability, reconstructionists examine the crash site and analyze evidence. With the help of our reconstructionist, we will provide you with a clear picture of the truck accident before, during and after it happened. We also inspect vehicle parts, such as the tires, brakes and steering, that might cause a crash.
- Video surveillance: Cameras placed on traffic lights or nearby businesses provide valuable evidence in a visual obstruction accident. For example, vehicle movement, pedestrians and visual obstructions are often visible. The camera footage helps our investigators construct a viable case against the defendant. This digital proof can be requested or subpoenaed by our lawyers.
- Interviewing witnesses: Our investigators will interview witnesses to the truck accident. This includes bystanders, vehicle occupants and other observers. The investigators ask witnesses about their location at the crash site, what they saw or heard and their perspectives. Their information may be in the form of detailed notes signed by the witness or in a video or audio clip. The witness statements are examined and judged for credibility.
What Compensation Am I Entitled to After a Truck Accident?
When a visual obstruction blocks the truck driver’s view, we determine compensation based on the intensity of your injuries. Due to their size, trucks can inflict catastrophic and sometimes deadly injuries, which the trucking company prepares for by having significant insurance policies.
That is why they fight hard to give you less than you deserve. It’s essential to contact our seasoned truck accident lawyers who will examine your case and build a robust claim against the defendant. Common types of compensation are listed below:
- Lost wages: Your accident may cause you to miss work temporarily or permanently. In such cases, you can recover the payroll, bonuses and commissions you usually collect. If you cannot work after the accident, you can recover the future wages and job advancements you typically would receive. In some cases, the worker may need to take a lower-paying job; the difference between the work you did before the accident and afterward may be recoverable.
- Medical Expenses: The cost of ER visits, hospital rooms, surgeries and doctor’s fees are all recoverable. Rehabilitation and nursing care at home is also recoverable, as is living quarter restructuring like ramps. Assistive devices such as wheelchairs and prosthetics are reimbursable.
- Property damage: This includes repairing or replacing your vehicle. Your truck accident lawyer will be able to help you deal with insurers to ensure that you receive an adequate amount.
- Pain and Suffering: These damages include pain and suffering, emotional trauma, loss of love and disfigurement you may experience. Unlike other damages, your compensation varies from case to case. Your attorney will present your case during negotiations or in court. A spouse may file a loss of consortium lawsuit, which covers the challenges to maintaining a marital relationship.
- Punitive damages: Occasionally, the nature of the trucker’s or trucking company’s negligence is so reprehensible that an award for additional damages is possible. These are punitive damages awarded to punish the at-fault party.
Who Is Liable for a Truck Accident Due to Visual Obstructions?
The following parties are often considered responsible for a truck accident due to visual obstructions:
Trucking company: Training is essential for truckers to maintain safety. They need to understand how dangerous visual obstructions can be. When the trucking company fails to train drivers adequately, they leave the way open for a line-of-sight accident.
Truckers: Drivers must know their surroundings and problems that may affect visibility. To avoid this, they must know how to use their mirrors properly and maintain their vehicle.
Government agencies: Overhanging foliage or other visibility issues are often due to a lack of roadway maintenance. If this lack of care causes an accident, it is possible to file a claim against the agency, city or state. The deadline to file such a claim differs from a personal injury claim. [3] It is crucial to benefit from legal advice to ensure that documents are posted on time.
Manufacturer liability: When a truck’s design contributes to a visual obstruction accident, our lawyers at Wilshire Law Firm can file a product liability lawsuit against the manufacturer. The case can include poor design of windows, mirrors and other potentially problematic issues.
Poor road design: Contractors who use a poor road design that leads to a truck accident are also liable. The issues range from a lack of signage or the inability to clearly see what is ahead when driving.
Common Types of Visual Obstructions That Lead to Truck Accidents
Truck accidents caused by visual obstructions can result from various factors that hinder a driver’s ability to see clearly. Here are some common types of visual obstructions that can contribute to truck accidents:
- Blind spots: The no-zone areas around a truck affect the driver’s ability to see other vehicles, motorcyclists and pedestrians. Accidents can happen unless a trucker accounts for these areas of poor visibility.
- Overloaded cargo: A trucker who overloads their vehicle can make seeing others on the road difficult. Overloading can extend cargo beyond the truck’s dimensions and the trucker or a third-party loading company can be responsible.
- Poorly lit roads: Inadequate lighting can cause obstruction accidents. Poor lighting occurs when the street or traffic lights do not work correctly. In such cases, the city would be responsible. To compensate for this problem, the truck’s lights should be in good working order.
- Overgrown foliage: Roadway foliage can obstruct a driver’s view, especially when it covers signage. It is the responsibility of the city or state to provide foliage maintenance.
- Construction: Barriers used for construction can obscure the driver’s view of the road. The construction company is responsible for poor barrier placement.
Line of Sight Truck Collisions at Night
Nighttime visibility is already poor: If you add negligent trucker or trucking company behavior, you can see how hard it is to stay safe. Some of the most common are:
Glare from traffic: Dealing with the lights of oncoming traffic impedes all drivers, not just truckers. However, coupled with a truck’s blind spots and other visibility issues, truckers must take special precautions. If they negligently fail to do this, they may be held liable for a truck accident.
- Maintaining lights: Truckers must always maintain their lights. The front, rear and side lights and reflective tape must be in good condition. Reflective stickers illuminate the sides of the truck and are critical at night when other drivers may have difficulty knowing whether a truck in front of them is moving or not. Negligence occurs when lights and reflective tape are dirty, not inspected routinely, or old. The Federal Motor Carrier Safety Administration mandates that trucks have proper lighting at night.[2]
- Nighttime visibility is already poor: If you add negligent trucker or trucking company behavior, you can see how hard it is to stay safe. Some of the most common are:
- Glare from traffic: Dealing with the lights of oncoming traffic impedes all drivers, not just truckers. However, coupled with a truck’s blind spots and other visibility issues, truckers must take special precautions. If they negligently fail to do this, they may be held liable for a truck accident.
- Maintaining lights: Truckers must always maintain their lights. The front, rear and side lights and reflective tape must be in good condition. Reflective stickers illuminate the sides of the truck and are critical at night when other drivers may have difficulty knowing whether a truck in front of them is moving or not. Negligence occurs when lights and reflective tape are dirty, not inspected routinely, or old. The Federal Motor Carrier Safety Administration mandates that trucks have proper lighting at night.[2]
Frequently Asked Questions About Obstructed View Truck Accidents
Can I sue for an obstructed view accident involving an 18-wheeler or commercial vehicle?
Yes, you may be able to sue for an obstructed view truck accident. Depending on the circumstances of the crash, you may have a valid claim if it can be proven that the driver’s vision was impaired or blocked by an outside object. Our experienced truck accident attorney can assess your case and discuss any legal options available to you in a free case review.
How do I file a claim for injuries from an obstructed-view truck crash?
You will need to get in contact with the insurance company of the truck driver or company. You may need to provide evidence that your injury resulted from their negligence in maintaining proper visibility for drivers and other vehicles on the road. Additionally, you should make sure to document all details about the accident such as photos or videos of the scene and witness testimonies. It is also important that you seek medical attention right away if needed in order to obtain records documenting any injuries sustained during the incident.
The truck crash lawyers at Wilshire Law Firm can help guide you through this process and ensure that your rights are protected at all times.
Free Case Review with a Line-of-Sight Truck Accident Law Firm
The award-winning truck accident lawyers at Wilshire Law Firm work to maximize your damage recovery. We focus not only on winning your lawsuit but also on securing a life-changing award. We apply our experience, knowledge and resources to get the job done. In addition, we keep our clients in the loop and give them the care they need.
Throughout the process, we are always available to take a call, explain a tactic or answer a question. You and your family are at the center of what we do. We do all this without you paying a fee unless you win. Reach out to a personal injury lawyer.
Call us at (800) 501-3011 to schedule a free case review if a visual obstruction truck accident caused harm. You can also contact us online.
