WHO IS AT FAULT IN A BLIND SPOT ACCIDENT?
Dec. 18, 2020
"Check your blind spots" is one of the first instructions we receive when learning to drive for the first time. Driving a motor vehicle is inherently a dangerous, risky activity. And when you aren't mindful of your blind spots, the risk of a car accident only increases.
The National Highway Traffic Safety Administration (NHTSA) reported an estimated 840,000 blind spot accidents occur in the United States each year, resulting in around 300 fatalities.
In many cases, these crashes involve large trucks. Truck drivers have a challenging time managing their blind spots because of the sheer size of their vehicle. A truck's blind spot, also called the "No Zone," is one of the commonest causes of blind spot accidents. But it's not just big rigs—any auto vehicle is susceptible to these types of accidents if the driver isn't careful or merely unlucky.
Blindspot accidents are widespread. They can lead to sideswipes, rollovers, rear-end collisions, and more. And in this article, I'll talk about how liability is determined in blind spot accidents and what you should do if you have been involved in an accident.
What Are Blind Spot Accidents?
The blind spot is that area you cannot see with your mirror or eyes while driving, short of turning your head and diverting your gaze from the road ahead.
Blind spot accidents occur when one or multiple drivers changes direction while driving, fails to notice another vehicle in their blind spot, and collides with the other vehicle on the road. Car accidents like this often occur when changing lanes.
As I explained in the introduction, truck drivers have to be extremely mindful of their blindspots. After all, the greater the size of the truck, the bigger the blind spots. Indeed, truckers have to be very careful when changing lanes to not sideswipe or cut off another vehicle in a blind spot accident.
If you've been involved in a blind spot accident yourself, contact a car accident attorney for expert legal advice today. Bruscato works on a contingency basis, which means you pay nothing unless you win. What's more, you can schedule a free consultation to discuss your situation and your rights to seek fair compensation for any damages resulting from your car accident.
Common Causes and Damages of Blind Spot Accidents
Lane changes are among the most common causes of blind spot accidents, but that's not the only way they can happen. Here are a few common causes of blind spot crashes:
Merging blind spot accidents—Merging onto the highway often involves accelerating at potentially very high speeds. Especially during rush hour when traffic is congested, being mindful of your blind spots is essential to avoiding a blind spot accident. And if you're a truck driver, you need to be even more careful and considerate of passenger vehicles around you. A tractor-trailer is a massive vehicle that can cause some severe damage on the road.
Reversing blind spot accidents—Reversing is another common type of blind spot accident. Whether you're backing out of a parking spot or your home driveway, you should always check your blind spots for passing motorists, cyclists, or people walking by.
Lane change blind spot accidents—Changing lanes is one of the most common causes of blind spot accidents. Always check your side mirrors and blind spots before changing lanes. And don't forget to use your turning signal!
The extent of the damages from a blind spot accident vary widely. Remember, it all depends on the specific details of the crash, and no two are alike.
That said, here are some possible damages you may recover following a crash:
Pain and suffering
Therapy and rehabilitation
Medical treatment costs
Any other costs resulting from the accident
Suppose you've been involved in a blind spot accident with another vehicle, or a semi-truck, and were either injured or suffered property damage, a truck accident lawyer in Monroe. In that case, LA can help you seek fair compensation.
Contact Bruscato Law today to discuss the details of your blind spot accident, and let's talk about what damages you can recover.
Who is At-Fault in a Blind Spot Accident?
To determine who is at-fault in a blind spot accident, you must understand the role of negligence.
Yes, in most cases, the driver attempting to change lanes or merge will be responsible. In other words, the fault will usually go to the driver who had a blind spot. But that is not always the case. Ultimately it depends on who violated the local traffic laws.
To prove fault in this type of auto accident, you need to prove that it was because of the other driver's negligence that you were hit in your blind spot.
If you were in a blind spot accident, there will likely be an investigation and a review of the evidence to determine who the at-fault driver truly was. Once this investigation is done and the fault is determined, you can explore options to seek compensation with the truck driver, the trucking company, if a commercial truck was involved or the insurance company.
How to Avoid Driving in Blind Spots
Your responsibility as a driver is to avoid driving in the blind spots of other vehicles and be mindful of your own while you're on the road.
Smaller vehicles should be aware of their driver's blind spot at all times. Checking your side mirrors, your rear-view mirror, and over your shoulder are the easiest ways to check your blind spots. Still, there are a handful of useful tips you can put into practice today to avoid driving in blind spots and minimize the potential for a blind spot accident.
The Federal Motor Carrier Safety Administration (FMCSA) has ten Rules of the Road to help keep you and your family safe and vigilant.
I've relayed them here for you:
Stay out of No Zones
Don't cut it close
Anticipate wide turns
Don't drive fatigued
Never drive under the influence
If you follow these rules every time you operate your vehicle, I'm confident you'll be one of the safest drivers on the road.
Car accident attorneys are available to help you seek fair compensation for your blind spot accident.
Contact a Personal Injury Attorney Today
John Bruscato is a personal injury lawyer in Monroe, LA. He's an expert in personal injury law and car accident cases, and his legal practice, Bruscato Law Firm, is ready to offer you a free consultation to discuss your injury claim today.
Blindspot accidents can be tricky business. It takes a real professional to work through the evidence and the crash's details to identify a plan forward. Contact Bruscato today to discuss your options.