The driver who had the blind spot will usually be deemed liable for an accident. Still, this is not always the case, as fault and liability depend on which driver violated traffic laws. For example, if the driver in the blind spot attempted to pass on the right, they might be liable if they were illegally passing. In other cases, drivers share liability.
Fortunately, victims of blind spot accidents have a legal right to pursue damages for both economic and non-economic losses. A car accident lawyer can handle your case and fight for fair compensation while you recover from the accident and your injuries.
What Is a Blind Spot, and What Causes Them?
A “blind spot” is the area near an operating vehicle that the driver can’t see, short of turning their head and diverting their attention from the road ahead. This spot can be in various locations, depending on the vehicles involved.
The vertical pillars attached to a vehicle’s windows cause blind spots for drivers, and when an individual fails to check that spot while merging, a collision can happen. Larger vehicles, such as semi-trucks or tractor-trailers, may have more significant blind spots, making it challenging to see vehicles in the area around them.
Blind spot accidents involve sideswipes, rollovers, and rear-end collisions. These kinds of accidents occur frequently and can result in severe or lethal injuries.
How to Prove Negligence in a Blind Spot Accident
You and your attorney must be able to prove that the other driver was behaving carelessly to file a valid claim. This task requires that the following circumstances be present in your case:
- The driver had a duty to drive safely and observe laws.
- The driver breached their duty to drive with caution.
- The driver caused an accident, leading you to get hurt.
- You incurred measurable damages.
Evidence needed to establish liability may include vehicle photos, surveillance video, the crash report, traffic citations, medical records, and eyewitness and expert testimony.
What Types of Damages Will an Auto Accident Settlement Cover?
Damages are a form of monetary compensation that a victim of an accident can pursue in a claim or lawsuit. The two main types of damages are economic and non-economic damages.
Economic damages are the most common and easily identifiable types of compensation. Alternatively, non-economic damages cannot be readily tied to a dollar amount.
Past and Future Medical Costs
If you provide copies of medical bills, the liable party may reimburse you for these costs. If you expect to incur future expenses for more treatments, therapies, surgeries, and prescriptions, you could claim compensation for these expenses, as well.
Lost Wages and Potential Earnings
If accident-related injuries left you unfit to work, you could qualify to recover lost income. If you can’t return to work in the future, these lost potential earnings may also be recoverable.
Accident-Related Out of Pocket Expenses
Out-of-pocket costs you can recoup may include travel expenses and vehicle repair and replacement costs.
If your injury has made childcare or housekeeping challenging or unattainable, you may be awarded compensation for daycare, cleaning help, and other household assistance.
Pain and Suffering
Pain and suffering refers to physical pain and discomfort experienced during and after an accident.
Loss of Consortium
Loss of consortium is a legal term that refers to losing a significant other’s or spouse’s physical companionship. If you or a passenger was injured and the accident affected a relationship(s), you might be qualified to receive these damages.
Loss of Enjoyment of Life
An auto accident can entirely alter a person’s life, and you may discover your injuries make it more challenging to engage in activities once enjoyed or go about life as you once did. If you can no longer participate in your normal daily activities, you may also be entitled to collect reimbursement for these losses.
Wrongful Death Damages
Tragically, car accident victims may lose their lives to related injuries. If that was the case for your loved one, you could pursue wrongful death damages, including:
- Funeral and burial expenses
- Final medical bills
- Loss of household services
How Long You Have to Take Legal Action After a Blind Spot Accident
If filing a lawsuit is the most appropriate legal route for you, you must be aware of the time limits the state enforces:
- Personal injury: CVP § 214 affirms that you generally have three years to file.
- Wrongful death: EPT § 5-4.1 says that you typically have two years to file.
Waiting too long to submit your case may prompt the state to refuse to hear it, leaving you with few options for compensation.
Getting Help With Pursuing Blind Spot Accident Damages
If you were in an auto accident involving a driver’s blind spot and sustained injuries, the Law Office of Cohen & Jaffe, LLP has the resources and ability to deal with insurance agencies and liable parties and fight for your best interests.
For a free legal consultation, call 516-358-6900