Who Is To Blame?

While all drivers share a responsibility to be aware of their surroundings and the location of other vehicles around them, generally the fault for a blind spot accident is placed with the driver who changed lanes and hit the other driver. Local laws generally dictate that a driver should only change lanes when it is clear and safe to do so.

If a driver hits another driver in their blind spot, they did not wait until it was safe, and as such, they have acted negligently. As noted in Brauns v. Housden, that blind spot can even be transient in some cases, depending on the vehicle and conditions. It should also be known that just because there is the existence of a blind spot, it does not necessarily preclude the driver who was hit from being found to be negligent in some manner, as in Hanson v. Waller.

What Types Of Damages Occur When You’re Struck In Your Blind Spot?

A wide assortment of damages can happen, some minor, some major. You should take extra care to gather accurate and complete documentation that could be used to bolster your claim, and prove the damages sustained in the accident. Always get a copy of the accident report, the police will usually provide a copy for you.

Take lots of photos of the crash scene, the surroundings, the conditions and visibility of the day, and of course the damage to the vehicles involved. Not only yours but the driver that hit you as well. Damage may be differently expressed on different vehicles.

Consolidate all of your medical expense records. To claim property damage you will need an estimate in writing of the costs to repair your vehicle. All of these items compiled will help reinforce the value of your overall claim and will be helpful when your attorney negotiates for a settlement with the other driver’s insurance adjuster.

Consult With An Experienced Lawyer

If you have been the victim of being hit in your blind spot, a personal injury lawyer can help recover possible compensation. Because of time limits called statutes of limitations, time is of the essence, and the timer for possible damage recovery is running out. You should contact an experienced personal injury attorney immediately if you think you may have a claim for damages.