If you have been involved in a blind spot accident, you might be left wondering who is at fault. In most cases, the driver who did not have the right of way is the one at fault.
However, that will only be determined until full investigation is completed of the car accident is completed. In some cases, both drivers share liability. You might be able to pursue a personal injury claim against the other driver in such situations.
All vehicles have a blind spot. A blind spot is an area around the motor vehicle where the driver cannot see.
Depending on the kind of vehicle, the location of the blind spot can vary.
The kind of vehicle that is hit can also impact the visibility area of the blind spot. As an example, a tractor-trailer might be noticed outside a blind spot while a motorcycle, which is smaller, would not.
What Are Blind Spot Accidents?
A blind spot is the area around your car that can’t be seen while the driver of that car is looking forward or looking at their rear-view or side mirrors.
Blind spot accidents are caused by poor driver visibility due to the fact that the accident is in the area where the driver cannot see because their line of sight is blocked by something in their vehicle.
According to the National High Safety Administration (NHTSA), each year there are around 840,000 blind spot accidents that occur each year in the United States that result in around 300 fatalities.
If you were involved in an accident and the other driver was out of your line of sight, you were most likely involved in a blind spot accident.
One of the most common blind spot car accidents are when a car merges into your vehicle over your left or right shoulder.
That area is usually blocked either your side mirror or other components of your car. More likely than not, fault lies on the person who hits you in your blind spot.
As that person in those situation usually does not have the right of way. Other common types of blind spot car accidents that could occur include:
- Accidents with Trucks
- Accidents with Motorcycles or Bicycles
If you were involved in an accident where the other driver hit your blind spot, you may want to seek the counsel of a personal injury attorney.
Who’s At Fault in a Blind Spot Accident?
While every driver has a responsibility to check his or her mirrors and turn their heads to double-check the sides of the car, the fault for a blind spot accident usually falls on the driver who merged into the blind spot. In most states, the laws indicate that a driver shouldn’t make a lane change until he is sure that they can make that change safely.
If a driver hits a car in his or her blind spot, then the car in the blind spot has not moved there safely, so they have acted in a negligent manner. If you can prove the other driver was negligent, you have strong foundation for your personal injury claim.
If you were involved in a blind spot accident, you need to prove the other driver was negligent and did not have the right of way in the car accident.
Normally, in a personal injury claim, saying that the other driver hit your blind spot is not a suitable defense as the other party could argue that you could have worked around the blind spot to see the opposing vehicle.
In order to prove fault for a blind spot accident, you need to show that due to the other driver’s negligence, you were hit in your blind spot.
For example, if it was shown that the other driver merged into your vehicle without issuing their turn signals, more likely than not, the driver merging will be at fault for the blind spot accident.
If however, you and the other driver merged at the same time and collided, then it is a little bit more tricky to determine who is at fault.
You will likely need an investigation to determine who is truly at fault. The investigation might determine that both drivers were at fault.
Every car accident is different, so if you were involved in an accident where the other driver hit you in your blind spot, the fault of the accident is dependent on the situation of the crash.
If you work with a personal injury attorney, they may be able to help you gather evidence to help determine who is at fault for your blind spot accident.
Damages Caused by a Blind Spot Accident
A variety of damages might result from a blind spot accident. You will need to maintain documentation to support your personal injury claim and show the damages that you suffered because of the crash. Make sure you have an accident report completed by police. You will need a copy of it.
Other things you should do after a blind spot accident include:
- Take photos of the crash scene and of the damages to the vehicles
- Seek medical care right away
- Keep copies of medical records and medical bills
You will need to take your vehicle to a qualified auto repair facility to have a written estimate for repairs done. All these documents will help show the value of your claim and will be used in negotiating with the auto insurance company.
Consult With a Personal Injury Lawyer
If you have been involved in a blind spot accident, a personal injury attorney can help determine who is at fault in a blind spot crash.
Because of the statute of limitations, don’t wait until it is too late to pursue a personal injury claim. Accident injury lawyers work on a contingency basis, so you have nothing to lose.
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