Who Is at Fault If You Hit Someone in Your Blind Spot? 

Blind spots make the already complicated task of driving even more tricky. Who is at fault if you hit someone in your blind spot? There isn’t a simple answer to this question because, in most cases, the details of the collision will determine who is responsible for the crash. Contact our experienced team of car accident attorneys at Gerash Steiner Blanton, P.C., if you’ve been involved in blind-spot accident.

What Is a Blind Spot?

A blind spot is an area of your surroundings that you cannot see through your front windshield or with your rear-view and side-view mirrors. Typically, cars have two primary blind spots near the rear of both sides. To prevent accidents, drivers may need to physically look beside their vehicle to prevent a blind-spot collision. Checking blind spots is typically recommended whenever someone changes lanes or makes a turn in a busy intersection. Some vehicles create larger blind spots due to their size and window placement.

Many new vehicles use blind-spot detection technology that alerts drivers when someone is driving in their blind spot. In a 2018 study, the Insurance Institute for Highway Safety (IIHS) found that blind-spot monitoring systems reduced lane-change crash rates by 14%.

If You Switch Lanes and Hit Someone in Your Blind Spot, Who Is at Fault?

Every accident involving a blindspot collision is different. Thus, it is difficult to determine if you were at fault for hitting someone in your blind spot without investigating the circumstances of your accident. If someone changes lanes without checking their blind spot first, they may bear some responsibility for the collision. However, that does not mean you cannot recover compensation. In Colorado, you can recover compensation through a personal injury claim as long as you are not 50% or more to blame for the crash.

If I’m Hit in the Blind Spot, Whose Fault Is It?

As stated above, every blind-spot accident differs from the next one, so we need to review the details of your case before making a determination about fault. 

Consider this scenario. Driver A changes lanes without checking their blind spot and collides with Driver B, who was briefly in Driver A’s blind spot. Absent any other factors, Driver A is likely to blame for the collision. Therefore, Driver B can file a car accident claim against Driver B to recover their losses.

How to Determine Fault After You Hit Someone in Your Blind Spot

A person is at fault in a car accident if their negligence was the primary cause of the crash. Therefore, the first thing you need to do is prove the opposing driver was negligent. Negligence means that a driver failed to act the same as a reasonable person would in the same or similar circumstances. Although this may seem straightforward, even seasoned lawyers struggle to demonstrate when a driver is negligent.

What Should I Do If I Hit Someone in My Blindspot?

Many people panic and do not know what to do after a collision. The steps below can give you an idea of what information will help your lawsuit. 

Pull Over and Check for Injuries

Your safety should always be your first priority. First, you should pull your vehicle over to the side of the road. Leaving your vehicle in the middle of traffic can result in further damage or injuries to you and others. After you pull over, check for any injuries. When you call 911, inform the operator of any injuries to those involved.

Do not leave the scene after a car accident. Even if you do not notice any injuries or property damage, leaving the scene of an accident can constitute a hit-and-run, which is a criminal violation. The last thing you need to worry about in a car crash is a criminal charge.

If an ambulance does not respond to the accident scene, you still need to seek medical attention as soon as possible. Injuries may be internal and not visible to the naked eye. Delays in treatment can exacerbate an injury and necessitate further medical treatment. Additionally, prompt diagnosis and treatment by a medical professional can be used to determine and calculate what monetary damages you may be entitled to recover. 

Report Your Accident to Authorities

Even if you suffered no injuries, you should still contact the authorities and report the accident. When you report an accident to law enforcement, they will create a formal accident report that has the names of the parties involved and outlines the circumstances of the accident. The report may include diagrams of how the accident occurred and the officer’s opinion of who caused the crash. Any environmental factors that contributed to the crash will also be included in the accident report.

The police report detailing your accident can offer valuable evidence to help establish the facts of your case. An attorney can request the accident report and use the information to create a strategy to maximize your compensation. 

Gather Any Relevant Evidence Available at the Scene

If you are physically able, you can gather evidence at the scene in the immediate aftermath of the accident. The evidence available at the scene of the accident may include:

• Names and contact information from witnesses of the crash,
• Names of parties involved and their insurance information, and
• Photographs of the accident scene and your injuries.

Collecting this information can lead to valuable evidence about the extent of your injuries, the causes of the accident, and other circumstances of the crash.

Contact Gerash Steiner & Blanton Today to Discuss Your Blind-Spot Accident Claim

If you or a loved one were involved in a blind-spot accident, you should contact a lawyer right away. Our attorneys, Dan Gerash, Mike Blanton, and Eric Steiner, M.D., have over 75 years of combined experience helping clients navigate personal injury matters. Contact our office today so we can start reviewing your case.