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Determining Liability in a Blind Spot Collision

Blind Spot

Determining who is responsible for a blind spot collision can be complicated. Although many people might assume no one is to blame for this type of accident, this is usually not the case. All drivers on the road are responsible for safely operating their vehicles — including when they are executing lane-change maneuvers. If a driver changed lanes without turning to check for other vehicles in their blind spot, they may be held liable for negligence in the event of an accident. Significantly, if you suffered injuries due to another driver’s failure to check their blind spot, you may be entitled to recover compensation for your damages in a personal injury lawsuit.

Who’s to Blame for a Blind Spot Accident?

All drivers have a duty to observe what is around them on the road. Before a driver changes lanes or merges, they must check their mirrors and look over their shoulder to make sure no one is in their blind spot. A driver also has blind spots in the rear of their vehicle. While backup cameras can sometimes be helpful to reduce blind spots, it doesn’t eliminate them — a driver has a legal obligation to check their surroundings when backing up.   

In addition to driver inattention, blind spot collisions can happen for a wide variety of reasons. Significantly, blind spot accidents commonly arise when a driver is:

  • Operating a vehicle while fatigued
  • Driving under the influence
  • Accelerating out of an intersection
  • Making a right turn 
  • Merging into traffic
  • Making a lane change without observing
  • Backing up the vehicle

Trucks, buses, vans, and SUVs typically have larger blind spots than passenger cars. But regardless of how large a vehicle’s blind spot is, a driver may still be held accountable for any injuries they caused to another due to failing to ensure the path was clear before maneuvering. 

Compensation for Blind Spot Accidents

Failure to observe another vehicle in a blind spot can lead to many types of car accidents, including rear-end collisions, side-swipe accidents, front-to-rear collisions, and others. Blind spot accidents often involve motorcyclists, pedestrians, and the occupants of small cars — and a victim can sustain serious and debilitating injuries that can impact their daily life and livelihood. Such injuries may require extensive medical treatment and result in time lost from work. The injuries caused by these accidents can also cause a victim to incur substantial out-of-pocket expenses and suffer significant physical and emotional pain.

No-fault benefits may cover up to $50,000 in medical expenses and a portion of a victim’s lost wages, regardless of who is at fault for a blind spot accident. However, if another party’s negligence caused the collision and a victim suffered a “serious injury,” they may be able to file a personal injury action to recover the full extent of their economic and non-economic losses. 

Compensation for economic damages in a personal injury lawsuit can include unreimbursed medical expenses and lost wages, future lost earnings, out-of-pocket costs, future medical expenses, and replacement services loss. Non-economic damages, also referred to as “pain and suffering,” are meant to compensate a victim for the loss of enjoyment of life, physical pain, and mental anguish a victim suffered due to the negligence of the responsible party.    

Contact an Experienced New York Personal Injury Attorney

If you were injured in a blind spot accident caused by another driver’s negligence, you may be entitled to compensation for your economic and non-economic losses. An experienced personal injury attorney can fight for your rights and obtain the monetary recovery you deserve. The Dearie Law Firm, P.C. has represented victims of motor vehicle accidents for over three decades and works to secure the best possible outcome in each of their unique cases.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, the Bronx, and Brooklyn, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.