Inadequate surveillance refers to when a driver fails to check his or her surroundings properly before making a certain maneuver. For example, a driver may fail to check a blind spot before changing lanes and cause an accident. Inadequate surveillance is also a common citation in accidents involving large trucks, such as tractor-trailers.
All drivers must exercise caution and due care when they are traveling on public roadways. Whether an individual is driving a compact car or an 18-wheeler, this duty applies. Failing to check one’s blind spot or failing to check for other cars while driving is a breach of this duty. When a driver causes an accident due to inadequate surveillance, that driver may be responsible for any damages that result.
Car Accidents Caused by Inadequate Surveillance
In motor vehicle accident claims, a victim must prove that a driver owed the victim a duty, that this duty was breached, and due to that breach, the victim suffered damages. Clearly, all drivers owe a duty to operate their vehicles in a manner that is reasonable under the circumstances. Inadequate surveillance is a breach of this duty because a reasonable driver would not move into another lane without checking a blind spot or without checking for other cars.
For the third element, damages, the victim must demonstrate the harm that the accident caused. The victim must provide evidence of each type of damages the victim is claiming. For medical expenses, the victim must provide medical records and medical bills. For lost wages, the victim must provide employment records that show the amount of wages the victim lost. Using this evidence, the victim’s personal injury attorney will create a demand package and send it to the at-fault driver’s insurance company. A demand package lays out all of the damages that are claimed and concludes with an offer of settlement. If the insurance company rejects the settlement offer, the attorney may file a lawsuit on behalf of the victim.
Trucking Accidents Caused by Inadequate Surveillance
Tractor-trailers have large blind spots. You have probably noticed printed messages on some trucks that warn drivers of the same. When a truck driver fails to check the blind spot before moving into another lane, drivers may be killed.
Since tractor-trailers are often engaged in interstate commerce, federal laws come into play when accidents happen. Truck drivers and trucking companies are subject to a number of federal regulations that govern the length of drivers’ shifts, log requirements, and other factors. An experienced personal injury attorney will understand how to navigate state and federal laws that impact these claims to support the victim’s case.
If your Accident was Caused by Inadequate Surveillance, Speak with an Attorney Now
An experienced personal injury attorney is a necessity if you wish to recover damages. At Stein & Shulman, our attorneys are skilled at demonstrating the link between accidents and our clients’ injuries. Call (312) 422-0506 to discuss your accident claim with one of our experienced and knowledgeable attorneys.