Even the most experienced drivers are prone to blind spot accidents. The lack of visibility means that a driver cannot react in time to avert a crash which begs the question: Who is at fault in such an accident? Is it the driver without visibility or the other driver?
If you have been involved in a blind spot accident and wonder who is to blame, here is more on what you need to know.
It depends on the circumstances of the accident
Various factors are considered when determining which driver is at fault. No two cases are the same, and given blind spot accidents can arise from several scenarios, liability depends on the particular situation.
However, just because you were in another driver’s blind spot and they crashed into you does not make you automatically liable for the accident. Drivers are supposed to be aware of their surroundings at all times – and that includes knowing to check their own blind spots.
What if you both contributed to the accident?
The other driver might have been backing up without ensuring no cars are around them while you may have been texting while driving. In that case, both of you are at fault.
California is a comparative negligence state, and your fault in a car accident will dictate the amount of recoverable compensation if your case goes to trial. For instance, if you suffered $1,000 in damages, but the court determines that you were 30% at fault for the accident, you will only recover 70% or $700 of the damages you suffered.
Staying ahead of the situation
It is important to note that all vehicles have blind spots. Therefore, it is a hazard you have to be aware of every time you are on the road. If you are in a wreck, protecting your rights as a victim is important.