Who is Liable in a Car Accident Involving a Blind Spot?

Failure to see another vehicle in one's blind spot is a leading cause of car accidents in North Carolina. Blind spots are parts of the road that are impossible to see in a driver's mirror due to the vehicle's design. Drivers can mitigate the risks of blind spot accidents and avoid car accidents by using reasonable care. A driver can glance over his or her shoulder before they merge or change lanes. Blindspot car accidents can be challenging to prove because determining fault can be difficult. If you have been involved in a blind spot car accident, the best thing you can do is consult an experienced car accident lawyer who will begin investigating your case.

Blind spots can be deadly when they occur at the wrong place and at the wrong time. A driver's inability to see vehicles surrounding him or her when making a turn, changing lanes, or backing up can lead to a serious car accident. Pedestrians, bicyclists, motorcyclists, and passenger vehicle drivers are all at risk for blind spot accidents. Additionally, larger vehicles, such as semi-trucks, have bigger blind spots than smaller passenger vehicles. Blind spots can cause car accidents in various ways in North Carolina, including in the following situations.

Despite most newer vehicles having backup cameras, backup car accidents continue to occur in North Carolina. In some cases, drivers do not look at their backup cameras. In other cases, drivers fail to look in their mirrors for obstacles that will not show up in the backup camera. Blind spots can prevent drivers from noticing people or objects directly behind the vehicle, leading to devastating car accidents while reversing.

Merging onto a road or highway is always dangerous. The driver should ensure that the way is clear before they complete the merging maneuver. While surrounding drivers should still allow oncoming drivers to merge safely, merging is ultimately the driver’s responsibility. Drivers should only enter the roadway when it is safe to do so. Blind spots can make it difficult to see vehicles on the freeway and interfere with the ability to merge.

Similarly, unsafe lane changes are some of the most frequent causes of North Carolina car accidents. Many lane change car accidents occur because a blind spot makes it difficult for the driver to see a vehicle in the destination lane. Blind spots can hide a car hovering next to the driver, resulting in a devastating lane change collision.

In blind-spot accidents, the driver who had the blind spot is typically liable. Most drivers cannot use the defense that the blind spot caused the car accident. Drivers have a legal duty to drive reasonably under the circumstances, including when they are facing blind spots. As a victim of a blind spot accident, you can argue that a reasonable and prudent driver would have been able to mitigate the dangers posed by the blind-spot to prevent the car accident.

North Carolina is a state that follows the doctrine of contributory negligence. Under the doctrine of contributory negligence, a car accident victim cannot recover any compensation if a court determines he or she was at fault for the car accident. Suppose, for example, the court determined that the other driver was 99% at fault for the car accident due to not seeing you in his or her blind spot. The court determines you were 1% at fault because you drove 10 miles over the speed limit. In this case, you would not be able to recover any compensation for your injuries.

Consulting with an experienced car accident lawyer is crucial in North Carolina. The defense will try to argue that you were at fault for the accident, barring you from recovering compensation. You need an experienced car accident lawyer on your side who can investigate your accent thoroughly and gather evidence showing that the other driver was 100% at fault for the blind spot accident.

If you have been injured in a blind spot car accident in North Carolina, Arnold & Smith, PLLC, can help. We have extensive experience representing clients in blind-spot accidents and a proven track record of obtaining compensation for our clients. Contact us today at one of our three Charlotte area offices to schedule your free initial consultation by calling 855.370.2828.