Who Can Be Liable for an Accident Caused by a Blind Spot?

Blind spot accidents are more than just a minor inconvenience—they can lead to devastating injuries, costly medical bills, and even fatalities. According to the National Highway Traffic Safety Administration (NHTSA), blind spot accidents account for a significant portion of collisions on the road, with hundreds of fatalities reported annually. In New Jersey, where traffic congestion and aggressive driving are common, blind spot accidents are a serious concern.

If you or a loved one has been injured in a blind spot accident, it is critical to understand who may be liable and how to pursue compensation.

What is a Blind Spot Accident?

A blind spot accident occurs when a driver fails to see another vehicle, pedestrian, or object in their blind spot while changing lanes, merging, or making a turn. These accidents often result in sideswipes, rear-end collisions, or multi-vehicle pileups. While blind spots are inherent in every vehicle, larger vehicles like trucks, buses, and SUVs have more extensive blind spots, increasing the risk of accidents.

Unfortunately, blind spot accidents are common in New Jersey, where highways like the Garden State Parkway and the New Jersey Turnpike see heavy traffic. Drivers must remain vigilant and take extra precautions to avoid these collisions.

Common Reasons for Blind Spot Accidents

Blind spot accidents can happen for a variety of reasons, including:

• Failure to Check Blind Spots: Many drivers rely solely on their mirrors and neglect to physically turn their heads to check blind spots before changing lanes.
  
• Improperly Adjusted Mirrors: Side and rearview mirrors that are not positioned correctly can create larger blind spots.
  
• Distracted Driving: Texting, adjusting the radio, or other distractions can cause a driver to overlook vehicles in their blind spot.
  
• Aggressive Driving: Speeding or weaving through traffic increases the likelihood of a blind spot collision.
  
• Vehicle Design: Larger vehicles, such as tractor-trailers, have significant blind spots, making it difficult to see smaller cars or motorcycles.

Who Can Be Liable in Blind Spot Accident Cases?

Determining liability in a blind spot accident depends on the specific circumstances of the crash. Liability can be shared among multiple parties in New Jersey, which follows a modified comparative negligence rule. Here’s who may be held responsible:

• The Driver Changing Lanes: If drivers fail to check their blind spot before merging or changing lanes, they may be found negligent and liable for the accident.
  
• The Driver Already in the Lane: If a driver speeds up or fails to yield to a merging vehicle, they may share some liability.
  
• Vehicle Manufacturers: In rare cases, a defective mirror or blind spot detection system could contribute to an accident, making the manufacturer potentially liable.
  
• Employers: If the at-fault driver was operating a company vehicle, their employer could be held liable under the doctrine of respondeat superior.
  

New Jersey’s No-Fault Insurance System also plays a role in blind spot accident cases. Under this system, your insurance policy will cover medical expenses and other losses, regardless of who caused the accident. However, if your injuries are severe, you may be able to step outside the no-fault system and file a claim against the at-fault driver.

Evidence and Legal Considerations in Blind Spot Accident Cases

Proving liability in a blind spot accident requires strong evidence. Here are some key pieces of evidence that can help build your case:

• Police Reports: A police report provides an objective account of the accident and may include details about citations issued or witness statements.
  
• Photos and Videos: Pictures of the accident scene, vehicle damage, and skid marks can help reconstruct the crash. Surveillance footage from traffic cameras or nearby businesses can also be invaluable.
  
• Witness Testimony: Statements from passengers, pedestrians, or other drivers can corroborate your version of events.
  
• Expert Testimony: Accident reconstruction experts can analyze the evidence and provide insights into how the crash occurred.
  
• Medical Records: Documentation of your injuries and treatment can establish the extent of your damages.

In New Jersey, the statute of limitations for personal injury claims is two years from the accident date. Failing to file your claim within this timeframe could result in losing your right to compensation.

What to Do If You’ve Been Injured in a Blind Spot Accident

If you’ve been involved in a blind spot accident, take these steps to protect your rights:

• Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent.
  
• Document the Scene: Take photos, gather witness contact information, and obtain a copy of the police report.
  
• Avoid Admitting Fault: Be cautious when speaking to insurance adjusters or drivers.
  
• Contact a Personal Injury Lawyer: An experienced attorney can guide you through the legal process and protect your rights.

How a Personal Injury Lawyer Can Help with Blind Spot Accident Claims

Navigating a blind spot accident claim can be overwhelming, especially when dealing with insurance companies that may try to shift blame or undervalue your claim. At Rosengard Law Group, we have extensive experience handling blind spot accident cases in New Jersey. Here’s how we can help:

• Investigate the Accident: We’ll gather evidence, interview witnesses, and work with experts to build a strong case.
• Negotiate with Insurance Companies: We’ll handle all communications with insurers to ensure you receive a fair settlement.
• Prove Liability: We’ll establish the other party’s negligence and fight to hold them accountable.
• Maximize Your Compensation: We’ll pursue damages for medical expenses, lost wages, pain and suffering, and more.

If you’ve been injured in a blind spot accident, don’t wait—call us today at (856) 284-6446 for a free consultation.