What Is a No-Zone Accident?

Have you ever seen that bumper sticker, often on large tractor-trailers: “If you can’t see my mirrors, I can’t see you.” You would not want to be driving next to a commercial truck if it could not see you. A no-zone accident refers to a truck accident that occurs because you entered a large truck’s blind spot, also known as a no-zone area.

A map of the no-zone

The size and shape of a commercial truck increase the size of its blind spots, even with side mirrors attached to the vehicle. The Federal Motor Carrier Safety Administration (FMCSA) coined the term “no-zone” as a way of publicizing the danger and reducing the number of accidents. A commercial truck’s no-zones are located on:

• The right side: This blind spot includes the entire right side of the truck, all the way to the back and several lanes out. Several cars can fit into this no-zone.
• The left side: Next to the driver’s side.
• The rear: The most obvious no-zone, located at the rear center immediately behind the truck. Neither the side view mirrors, nor the rearview mirrors cover this spot.
• The front: Close in front of the truck, because of the elevation of the cab and the length of the hood.

No-zones almost completely surround a truck.

Common causes of no-zone accidents

The following is a very abbreviated list of the most common causes of no-zone accidents:

• Improper merging or lane changes by either party
• Tailgating, especially by trucks
• Cutting in front of a truck, especially suddenly
• Failing to check mirrors
• Fatigue
• Distracted driving
• Dangerous weather or road conditions

An error by either party can cause an accident. Catastrophic accidents are common due to a truck’s size and momentum.

Liability

To receive compensation for a no-zone accident, you must prove:

• The trucker acted negligently (carelessly). This typically means that they violated a traffic law or a trucking regulation, although such violations are not strictly necessary to establish negligence.
• The trucker’s negligence caused the accident you are complaining of.
• You suffered harm, typically in the form of bodily injury.

Although the burden of proof is on you, the standard of proof is not onerous. You must prove your claim by a “preponderance of the evidence”, which is essentially a “more likely than not” standard.

Comparative negligence

Comparative negligence is a concept that comes into play when two or more parties share fault for an accident. Here are some examples of no-zone accidents that might trigger comparative negligence:

• A car is driving in a truck’s rear no-zone and rear-ends it when the truck driver stops suddenly.
• A truck driver hits a car while changing lanes into its right-side blind spot. A court might assign partial liability to the driver if it lingered in the truck’s blind spot.
• A motorcycle tries to pass a truck through its left-side no-zone while it is turning right. The collision occurred when the truck swung wide to the left while turning right. The motorist could bear partial liability for trying to pass while the truck was turning.

A court would assign a percentage of fault to each at-fault party. If your percentage of fault is less than 50%, you would lose that exact percentage of your damages — 20% for example. If your percentage of fault was 50% or higher, you would lose all of your damages and walk away empty-handed, even if the truck driver was partly at fault.

Evidence of fault

In law, evidence equals truth. An attorney seeking evidence of fault in a no-zone truck accident should look for:

• Dash cam or traffic camera footage. This is usually the best evidence there is.
• Data from the truck’s event data recorder or “black box.” This is another item that can provide difficult-to-refuse evidence.
• Witness statements.
• Vehicle inspection reports. A report of a damaged or missing mirror, for example, could help establish fault.
• Cell phone records, if you suspect distracted driving.

This list only scratches the surface of possible evidentiary exhibits.

Accident reconstruction experts

Truck accidents in no-zones can be complex and difficult to prove. You might need an expert witness — more specifically, an accident reconstruction expert — to establish your claim. An accident reconstruction expert might also help you prepare for a deposition or help your lawyer behind the scenes, even if they never testify.

Negligence per se

If you are seeking compensation from the truck driver or their insurance company, the initial burden of proof is on you to prove your claim. In Georgia, the doctrine of negligence per se allows you to establish a presumption of negligence if you can prove that the driver violated a safety regulation in a manner that caused the accident. Negligence per se won’t win your case all by itself, but it can help.

The role of trucking regulations in establishing negligence

Commercial trucking is a highly regulated industry. FMCSA trucking regulations cover almost every aspect of a truck driver’s job-related behavior, right down to their number of hours of sleep.

The limitations of “If you can’t see my mirror, I can’t see you”

The bumper sticker slogan “If you can’t see my mirrors, I can’t see you” is a useful rule of thumb. It is not infallible, however, and assuming its infallibility can get you hurt. Here are some of the consequences of using this rule:

• The rule is literally true. If you cannot see the driver’s mirrors, they almost certainly cannot see you. That can prompt you to act immediately to move out of the truck driver’s blind spot.
• Cameras can sometimes supplement mirror limitations. Most truck drivers don’t install cameras, however.
• It doesn’t follow that if you can see the driver’s mirrors, the driver can see you.
• Some blind spots are larger than the mirror zone. You might see a mirror but still be in a blind spot.
• It doesn’t take into account driver behavior. Truck drivers can fail to check their mirrors, or their mirrors could be misaligned.

All in all, however, it’s better to use this rule than to completely ignore blind spots. Your chances of avoiding an accident improve if you drive with an acute situational awareness.

You will probably need a lawyer for a truck accident

Truck accidents tend to be serious because of the sheer size of a truck. The more serious the accident, the more likely you are to need a lawyer. Here at Atlanta personal injury law firm Harris Lowry Manton, we have successfully represented hundreds of truck accident victims. Most of our cases settle out of court. If you or your loved one has been involved in a trucking accident, please contact us for a free consultation.