Who Is Liable for a Blind Spot Car Accident?

January 3, 2025

A blind spot is an area around a vehicle that truck drivers cannot see using mirrors. The spot is usually beside or behind the vehicle, creating potential hazards during lane changes or turns. Blind spot car accidents are common on roads and highways due to the natural limitations in vehicle visibility. Determining liability in these cases is essential for understanding legal responsibility and compensation rights.

What Causes Blind Spot Accidents?

Larger vehicles, like trucks, have extensive blind spots. The crashes can result from driver error or lack of caution:

• Failing to check mirrors and blind spots before changing lanes
• Misjudging the space or speed of nearby vehicles
• Distracted driving reduces a driver’s awareness of their surroundings

Can Both Drivers Be at Fault in a Blind Spot Accident?

Yes. For example, if both drivers attempt to change lanes at the same time without checking blind spots, each may be partially at fault. Comparative negligence laws in some states may affect compensation based on the percentage of fault attributed to each driver. Understanding these rules can provide a clearer picture of potential liability and compensation outcomes.

How Is Liability Determined in a Blind Spot Collision?

These factors are typically reviewed when determining liability:

• Eyewitness Testimony: Statements from nearby drivers or pedestrians can help confirm each driver’s actions leading up to the accident.
• Surveillance or Dash Cam Footage: Video evidence may show whether a driver checked mirrors or used turn signals before attempting a lane change.
• Police Reports: Officers often document their observations about the accident, including statements from the drivers and any visible evidence at the scene.

Are Truck Drivers More Likely to Be Liable in Blind Spot Accidents?

Truck drivers often have extensive blind spots, which can make them more vulnerable to blind spot accidents. However, truck drivers also undergo specialized training to handle these blind spots, including techniques such as checking mirrors frequently, allowing ample space before changing lanes, and using turn signals well in advance. If a truck driver fails to apply these techniques and a collision occurs, they may be held liable. The trucking company may share responsibility if a lack of proper training or maintenance contributed to the accident.

What Types of Damages Are Recoverable in Blind Spot Accidents?

Those injured in a blind spot accident may be entitled to various forms of compensation, depending on the nature of the injuries and the extent of liability. Recoverable damages can include:

• Medical Expenses: These can cover hospital stays, surgeries, and rehabilitation costs related to injuries sustained in the accident.
• Lost Wages: If injuries prevent the injured person from working, compensation for lost income may be awarded.
• Pain and Suffering: Emotional distress and pain from the accident are also recoverable in some cases.
• Vehicle Repair or Replacement: Property damage to the vehicle involved in the accident may be covered.

A proper legal evaluation is needed to assess the types and amounts of recoverable damages in a specific case.

How Can I Avoid Getting Into a Blind Spot Accident with a Truck?

To avoid a blind spot accident with a truck, maintain a safe distance, especially on the truck’s sides and rear, where visibility is limited. Avoid lingering in these blind spots, as the truck driver may not see your vehicle. When passing, do so quickly and ensure you can see the driver in their side mirror, signaling that you are visible. Lastly, always use your turn signals when changing lanes and stay alert for any sudden movements from the truck.

The Skilled New Castle Car Accident Lawyers at Jacobs & Crumplar, P.A. Can Fight to Protect Your Rights After a Blind Spot Accident

The New Castle car accident lawyers at Jacobs & Crumplar, P.A. have experience handling these types of cases in New Castle County, Kent County, and Sussex County and can provide insight on how to approach your claim. To schedule a free initial consultation, contact us online or call our New Castle and Millsboro, Delaware, offices at 302-656-5445.