Rear-End Collision: In general, when a vehicle crashes into the back of another vehicle that is stopped, the driver of the moving vehicle is usually considered to be at fault. This is because the driver of the moving vehicle has a responsibility to maintain a safe following distance and to avoid colliding with the vehicle in front.
Visibility and Blind Spots: While the truck driver may argue that the small car was in their blind spot, this does not necessarily absolve them of liability. Drivers are expected to be aware of their blind spots and to take precautions to avoid accidents, such as checking their mirrors and blind spots before changing lanes or backing up.
Three-Quarters Visibility: If the truck driver states that three-quarters of the small car should have been visible in their right-front mirror, this suggests that they failed to properly check their mirrors before backing up. A driver is responsible for ensuring that the path behind their vehicle is clear before moving, regardless of whether they believe something may be in their blind spot.
It's important to note that the exact circumstances of the accident and the applicable laws may vary depending on the jurisdiction. If the case goes to court, the specific facts and evidence presented will be considered in determining liability.