How Is Fault Determined in Blind Spot Accidents?

Blind spots are areas around your vehicle that aren’t visible through mirrors or direct lines of sight. These zones are particularly dangerous near large vehicles like trucks, where large blind spots can hide vehicles, cyclists, or pedestrians.

Blind spot monitoring systems have been shown to lower crash rates by 14% in the U.S. However, blind spot accidents still happen, and knowing who is at fault can help you get the compensation you deserve if you’re in a collision.

Learn how liability is determined in blind spot accidents and how our Syracuse car accident lawyers at Catalano Law can strengthen your case to secure a fair settlement.

General Right-of-Way Rules

In New York, standard right-of-way rules for lane changes require drivers to signal at least 100 feet in advance and check mirrors and blind spots to ensure the lane is clear. Drivers must also yield to any vehicle already in the lane and wait to merge until it is safe.

These procedures establish clear expectations for safe driving behavior. Failing to adhere to the rules of the road can lead to dangerous collisions and potential liability for damages to other motorists.

Who’s Responsible for a Blind Spot Accident?

Determining fault in blind spot accidents in New York is usually straightforward. Under Section 1128(a), the driver who fails to ensure the other lane is clear before merging or changing lanes is at fault. However, liability assessment can be complicated in certain situations:

• Right-of-Way Conflicts: Determining fault in blind spot crashes involving right-of-way issues can be challenging. In scenarios like a driver merging from an on-ramp onto a highway, the merging driver is typically required to yield to highway traffic. However, if the highway driver speeds up intentionally to block the merge, both drivers could share fault.
• Simultaneous Lane Changes: Determining fault can be challenging if two drivers attempt to merge into the same lane. Both drivers are responsible for merging safely, and if either fails to do so, they may share liability.
• Turn Signal Disputes: Using turn signals is mandatory when changing lanes, but proving whether a driver signaled correctly can be difficult. Even if one driver fails to signal, the other driver is still responsible for checking their blind spot, making it more complex to determine fault.

Proving Liability for Your Blind Spot Collision Claim

Proving the other driver’s negligence in a blind spot accident requires solid evidence. Here are some effective strategies to strengthen your claim:

• Photographs and Videos: Capture clear photos and videos of the accident scene, including the positions of the vehicles, any damage, and relevant road conditions. Use your smartphone or a dashcam if available. These visuals offer essential details about how the accident occurred.
• Surveillance Footage: Search for nearby traffic or security cameras that might have recorded the incident. Request copies of any footage that may have captured the accident.
• Witness Statements: Speak to anyone who witnessed the accident and collect their contact information. Ask them to describe what they saw and take notes. Their statements can corroborate your version of the events and strengthen your claim.
• Police Report: Always contact the police to report the accident at the scene. The official report they file will offer an unbiased account of the incident and may include the officer’s assessment of fault. Ensure you obtain a copy of the report to support your insurance claim.
• Vehicle Data: Many modern vehicles have event data recorders (EDRs), which log information about the car’s speed, braking, and steering before and during the collision. Accessing this data can provide concrete evidence about the actions taken by both drivers leading up to the accident.
• Expert Analysis: Hiring an accident reconstruction expert can be beneficial in more complicated cases. These professionals can analyze the collision and provide a detailed report on how the accident likely occurred.
• Medical Records: If you suffered injuries from the accident, collect thorough medical documentation. This includes doctors’ reports, treatment plans, and other medical records detailing the severity of your injuries. Your attorney can use these documents to prove your damages and win compensation.

Protect Your Rights With Catalano Law

After a blind spot accident, trust our seasoned attorneys at Catalano Law to defend your rights. Our Syracuse car accident lawyers specialize in handling complex traffic cases and can help you secure full compensation for your injuries and losses.

Contact us today for a free case evaluation and get experienced legal representation for your blind spot accident claim.