It might be difficult to determine who is at fault in a blind spot collision. Many individuals believe that blind spot accidents are harmless accidents with no one at fault. Legally, that is not true.
The person who attempted to change lanes with another car in the way—even if they genuinely had no idea it was there—is the one who is responsible for a blind spot accident. What victims should know about assigning blame following a blind spot accident is provided by a personal injury attorney at The Law Office of Carl Maltese.
What Are Blind Spot Car Accidents?
In order for a person to see something in his or her blind spot while driving, they would have to turn their head and look away from the road in front of them.
Blind spot accidents occur when a driver, or a group of drivers, change direction while they are behind the wheel and collide with a vehicle in their blind spot. This kind of car accident usually occurs when changing lanes.
Truck drivers, as mentioned earlier, need to be particularly aware of their blind zones. After all, the truck's blind areas will be larger the bigger the truck is. Truck drivers must be extremely cautious when changing lanes to avoid sideswiping or cutting off another vehicle in a blind spot.
If someone has personally experienced a blind spot accident, they should get in touch with a vehicle accident lawyer right away for experienced legal representation. They don't have to pay anything unless they succeed because The Law Office of Carl Maltese works on a contingency basis.
Additionally, victims of a blind spot accident can arrange a free consultation to talk about their case and their legal options for claiming compensation brought on by their blind spot accident.
Who Is Responsible for a Blind Spot-related Accident?
Car accidents caused by a blind spot are usually the fault of the driver who changes lanes without a clear line of sight. Only when there is sufficient space to do so safely may a driver change lanes.
These drivers try to make unsafe lane changes without having adequate room to do so when someone is in their blind area. A blind spot accident is, therefore, the fault of the driver who enters the opposite lane without a clear way.
Sometimes an accident isn't cause by blind spots but caused by a tire blowing out on a truck. Learn who's at fault for truck tire blowout accidents.
If I Was in Their Blind Spot, Was the Accident My Fault in a Blind Spot Accident?
No, if someone was in the other driver's blind spot, the accident is not their fault. It is the responsibility of the reasonable and prudent driver to check their blind spot before making a lane change. They do this by looking in their rearview mirrors and over their shoulders.
Drivers are not required to be aware of anyone else's blind spot if they are driving in their lane and otherwise obeying the law. Instead, it is the other driver's responsibility to check his or her blind spot and if the road is clear before making a lane change with their motor vehicle.
Also, due to the truck being bigger, underride accidents can also occur. It is important to know who's at fault in an underride accident.
Common Causes and Damages of Blind Spot Accidents
Although lane changes are one of the most common triggers for blind spot accidents, they can also happen for other reasons. Here are a few common causes for blind spot accidents:
Merging blind spot accidents — Merging onto the highway usually involves accelerating at what could be extremely high speeds. Blind spot car accidents can be prevented by drivers being aware of their motor vehicle blind spots, especially during rush hour when traffic is heavy.
Additionally, a truck driver must be even more cautious and respectful of the nearby passenger vehicles. A tractor-trailer is also a massive vehicle that can cause some severe damage on the road.
Reversing blind spot accidents — Drivers should always check their blind spots for passing cars, bikes, or pedestrians whether they're backing out of a parking space or their driveway at home.
Lane-change blind spot accidents — Changing lanes is one of the most common causes of blind spot accidents. Before changing lanes, drivers must always check their side mirrors and blind spots. Also, they shouldn't forget their indicators!
The level of harm caused by a blind spot accident varies greatly. It all depends on the specific details of the crash, and no two accidents are alike.
Following an accident, a victim might be able to recover the following damages:
Medical bills
Property damage
Pain and suffering
Therapy and rehabilitation
Lost wages
Medical treatment costs
Any other costs resulting from the accident
Victims must contact The Law Office of Carl Maltese today for a free consultation to discuss the details of their blind spot accident case and who would be at fault in a blind spot accident.
How to Avoid Driving in Blind Spots
The driver has a duty to stay out of other drivers' blind areas and be aware of their own blind spots and vehicle whenever they are on the road.
Smaller cars should always be conscious of their driver's blind spots. The easiest way for a driver to check their blind spots is to look in their side mirrors, rearview mirror, and over their shoulder. However, there are a few other helpful techniques they can use to prevent driving in blind spots and reduce the likelihood of a blind spot accident.
To keep drivers and their families safe and alert, the Federal Motor Carrier Safety Administration (FMCSA) has established the 10 Rules of the Road.
Rules to follow:
Stay out of No Zones
Pass safely
Don't cut it close
Stay back
Anticipate wide turns
Be patient
Buckle up
Stay focused
Don't drive fatigued
Never drive under the influence
Anyone can be one of the safest drivers on the road if they follow these rules when driving a car.
Victims can work with Long Island semi truck accident attorneys to get the fair compensation they deserve for the accident.
Who’s At Fault in a Blind Spot Accident?
While it is the duty of every driver to check their mirrors and blind spots, as well as tilt their heads to look at the sides of the car, the driver who merged into the blind spot is usually at fault in a blind spot accident. Most states' regulations stipulate that a driver shouldn't change lanes until they are sure that they can do so safely.
An at-fault driver has acted negligently if they hit a car that was in their blind spot because the car had not moved there safely. Essentially, if a driver can prove that the other driver was negligent, their personal injury claim will have a solid basis.
If someone was involved in a blind spot accident, they need to prove that the other driver was negligent and did not have the right of way in the blind spot car accident.
A victim saying that the other driver struck their blind spot will not often be a good defense in a personal injury case because the other party can argue that they had moved to see the other vehicle.
Victims must prove that the other driver's negligence caused them to be hit in their blind spot in order to prove liability for a blind spot crash.
As an example, if it was proven that the other driver drove into a car without using their turn signals, it is quite likely that the driver who was switching lanes was to blame for the accident.
However, it is a little bit more challenging to pinpoint who was at fault if the victim and the other driver merged at the same time and collided.
To find out who is really at fault, an investigation will likely be required. It may turn out that both drivers were at fault, depending on the investigation.
Every car accident is different, so if someone was involved in an accident where the other driver hit them in their blind spot, the fault of the accident is dependent on the situation of the crash.
A personal injury lawyer may be able to assist such victims in compiling evidence to help establish liability for their blind spot accident.
Why Is Your Blind Spot Especially Dangerous?
Drivers often have blind spots. Despite these blind spots, it is their duty as a driver in Long Island to drive a vehicle safely. Prior to performing a maneuver, drivers must ensure it's safe and take steps to minimize their blind spots. Due to the possibility of hitting a pedestrian or cyclist, a driver's blind spot is particularly risky.
If someone has a blind spot when driving in downtown Long Island, they run the risk of merging with, hitting, or turning right over an approaching pedestrian or cyclist. In regions where there are vulnerable road users, drivers should pay close attention to turn signal lights, bicycle lanes, and their blind zones.
Establishing Liability in a Blind Spot Accident Case
Victims must provide proof of the other driver's negligence in order to receive compensation in a blind spot accident lawsuit. The legal components of a negligent cause of action, such as duty, breach, causation, and damages, will all need to be proved in this instance. To prove the other driver's negligence, the following forms of proof may be needed:
Pictures of both vehicles, the damage, and the accident scene
Surveillance video
Testimony from eyewitnesses
Expert witness testimony
Consult with a Personal Injury Lawyer
A personal injury lawyer can assist drivers in determining who was at blame in a blind spot crash.
Drivers should not wait until it is too late to apply for a personal injury claim because of the statute of limitations. Such drivers and victims will have nothing to lose because accident injury attorneys work on a contingency fee basis.