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How is Liability for a Blind-Spot Accident Established?

Posted On behalf of Pfeifer Morgan & Stesiak

on August 12, 2022

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rearview mirrorMost accidents occur due to driver error. One of the most common driver errors is failing to check a vehicle’s blind spot before switching lanes.

If you were injured in an accident caused by a driver who failed to check his or her blind spot, you may be eligible for compensation.

Our South bend-area car crash attorneys are prepared to gather the necessary evidence to help establish fault for the crash and prove it directly resulted in your damages. Call Pfeifer, Morgan and Stesiak today for a free consultation to learn more about your legal options.

What Causes Blind Spots?

The vertical pillars connected to your car’s windows create blind spots. You need to check for cars in these spots before changing lanes. Generally, the larger the vehicle the larger its blind spots. This is why driving a tractor-trailer can be so dangerous and pose great risk to those in smaller vehicles. The blind spots around these vehicles are quite large, making it much harder for the driver to see other vehicles.

A blind spot may also be created by certain obstructions on the road. For example, parallel parked vehicles along the side of a road may create a blind spot for a driver attempting to cross an intersection or exit a specific area, like a parking lot.

Who May Be Liable for a Blind-Spot Accident?

Liability will be assigned to the driver whose negligence caused the collision. Fault is often assigned to the driver who failed to check his or her blind spot.

If the collision occurred during a lane change, the driver who merged into your lane would most likely be responsible. However, if you merged into a lane without checking your blind spot, you may be at least partially responsible for the crash.

When a blind spot was created by an obstruction outside of a driver’s control, liability may fall to the driver if he or she did not proceed with caution. However, there may be a possibility that a third party could be liable. For example, if a vehicle was parked illegally and blocking another driver’s view, the owner of that vehicle could be responsible for your damages.

What Evidence May Be Used to Prove Liability in a Blind-Spot Accident?

Proving liability for a blind spot accident could be a challenge. That is why it may be in your best interest to have an attorney on your side who has the resources needed to gather the evidence to prove your claim.

One important piece of evidence could be the damage on the vehicles. Photos from the scene or photos of the resulting damage could be used to help reconstruct the accident to determine which vehicle caused the collision. If the other driver merged into your lane without checking his or her blind spot, the rear of that driver’s vehicle is likely to be damaged. The damage may be on the driver’s side or rear passenger side. Damage to your vehicle could be on the front passenger side or front driver’s side.

Witness testimony could also be important in a blind-spot accident claim, as someone who saw what occurred could help determine whether one vehicle switched into a lane that was not clear.

Other pieces of evidence that may help include the police report and video of the accident if you can recover surveillance or traffic camera footage.

What Are My Options After a Blind-Spot Accident?

After a blind-spot accident, you may have the right to pursue compensation for your damages. This means you can file a third party claim with the liability insurance of the at-fault driver with help from our experienced attorneys.

If the blind-spot collision was partially the fault of another party, like a driver who illegally parked his or her vehicle or the trucking company that employed a negligent driver, you may need to file an additional claim with that party’s liability insurance.

No matter the route you need to take to pursue compensation, our attorneys are prepared to help you through the entire legal process.

Call Us Today. We are Ready to Help With Your Claim

If you were injured in an accident, including a blind-spot crash, our experienced lawyers are prepared to help. We have the resources you need to help gather the necessary information to help build a strong case for compensation. With decades of experience, our attorneys are prepared to help negotiate for maximum compensation. When negotiations fail, our attorneys are also ready to file a lawsuit to recover your damages.

We offer a free consultation to discuss your options, and there are no fees while we work on your claim.

Call (844) 678-1800 today to learn more.

Pfeifer, Morgan & Stesiak

Serious Attorneys for Serious Cases

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