Tag Archives: blind spots

Who is Liable for an Accident in a Blind Spot?

What makes blind spots so dangerous while driving is that it requires the driver to break from their standard field of vision. Checking a blind spot usually requires that the driver break contact with the road ahead to look behind their shoulder. Technology continues to improve driver safety with inventions like blind spot indicators. Even still, accidents occur when a driver hits another car in a blind spot. In those situations, who is to blame? Is it the driver who merged into another driver’s blind spot? Or the driver who missed what was in their blind spot?

What is a Blind Spot?

A blind spot is an area surrounding the vehicle that the driver cannot see within their usual field of vision. A driver’s normal field of vision usually includes what’s in front of the vehicle, the car’s peripheral, and what can be seen by side and rearview mirrors.

A blind-spot hides objects, like other cars, cyclists, and pedestrians, from a driver. Despite how a vehicle was engineered, every vehicle has blind spots. There will be objects out of the driver’s direct sight.

The automobile industry has created technological advances to assist with blind spots. For example, many cars now have back-up cameras that assist with object that aren’t in a driver’s normal field of vision. Some cars also have blind spot monitors that alert a driver when they are switching lanes. Even with the creation of these gadgets, it is still important that the driver recognize their blind spots.

Who is Responsible in a Blind Spot Accident?

It depends on the circumstances of the accident. For example, let’s say a driver is preparing to change lanes. The driver looks in their mirrors, turns their head to look at the car’s sides, and determines it’s clear to switch lanes. However, the driver failed to see a vehicle already in the lane because of their blind spot. In such instances, the driver who merged into the other lane will be liable.

Under California law, the responsibility for any accident is determined by the person “at-fault.” However, that doesn’t mean that there is only one party to blame. In any one accident, there may be multiple parties to blame.

Ways to determine blame include showing that the driver failed to exercise reasonable care in operating their vehicle. Police reports, witness statements, and other investigatory tools are used to prove the driver’s negligence, such as if one of the drivers violated any driving laws, like running a red light or speeding. Suppose a driver is already in a lane and sees another car trying to merge. He speeds up to prevent the vehicle from merging, and the two cars collide. Then it is likely that the vehicle driving in the blind spot could be liable.

Therefore, in any blind spot accident, many factors will come into play to determine who is to blame for the accident.

 Contact a Skilled Attorney

The circumstances surrounding an accident caused by a blind spot can be complicated and require expert advice to rectify so that accurate responsibility can be assigned. An experienced attorney at Dan Rose Law Firm can help assess your situation and develop a successful legal strategy.