More than one driver could be at fault in some Georgia blind spot accidents. Comparative negligence comes into play when multiple parties are liable. A partially at-fault driver can still collect compensation for a blind spot crash under Georgia law, so long as they are no more than 49 percent to blame.
When multiple drivers share fault for a blind spot crash, any compensation will be reduced according to the degree of fault. For example, if a claimant suffered $10,000 in damages and was 20 percent at fault, the award would be reduced to $8,000.
The attorneys of Sherrod & Bernard, P.C., can help you hold negligent parties accountable and pursue the maximum compensation you deserve after a Georgia blind spot accident. Contact us today to learn more in a free initial consultation.
Where Are Blind Spots When Driving?
Blind spots are areas that a driver cannot see with their eyes or mirrors while operating a vehicle without turning around or diverting their eyes. When drivers fail to mind their blind spots, the risk of being involved in a car accident significantly increases.
Depending on the size and shape of the vehicle, drivers typically have blind spots:
- Directly in front, especially if the vehicle sits high off the road
- Directly behind the rear of the car, especially for drivers of large vehicles
- Directly along the sides of the vehicle, usually toward the back
- Around pillars that hold up and surround car doors and windows
These blind spots can also vary by the driver based on their height and relative position to the mirrors they use to look around.
Who Is At Fault in a Blind Spot Accident?
When drivers fail to check their blind spots properly, they may not notice others on the road, and blind-spot accidents can result. Many blind spot accidents involve drivers changing lanes, but they can also happen when:
- Drivers merge onto or off of highways without checking nearby traffic lanes
- Drivers reverse out of parking spaces, garages, or driveways without looking behind them
- Drivers of commercial trucks and other large vehicles follow others too closely and fail to see other road users in front of them
- Drivers cut in front of big trucks and other large vehicles so closely in traffic that drivers of the larger vehicles cannot see them
- Drivers neglect to turn on their headlights at night, and other drivers collide with them because they are not visible, even with proper blind spot checks
- Drivers make reckless maneuvers or unexpectedly change speeds around other drivers who are changing course, which can lead to accidents even if the driver changing course checked their blind spots
These accidents may take many different forms, but who is ultimately responsible for a blind spot crash? In most cases, the fault is assigned to drivers who fail to obey traffic laws or operate their vehicles safely.
This usually means it’s the fault of the driver who made a traffic maneuver without checking their blind spots. However, another road user may bear partial responsibility if they were breaking traffic laws or driving recklessly when the accident occurred.
When more than one driver may be at fault for a Georgia blind spot accident, the state’s negligence laws determine who should be held financially responsible. Georgia courts follow a modified comparative negligence doctrine, which says the amount of compensation injury victims could be owed may be reduced based on their percentage of fault.
Who Is At Fault in a Lane-Change Accident?
Lane-change accidents are some of the most common types of blind spot accidents. A lane-change accident occurs when a driver changes lanes without properly checking their surroundings or signaling their intent to move into another lane and then collides with another road user.
When it comes to lane-change accidents, the following parties are most commonly at fault:
- Distracted drivers who are texting, talking on the phone, eating or drinking, engaged in personal grooming, rubbernecking, or daydreaming
- Drivers who are excessively fatigued, drunk, high, or otherwise impaired by legal or illegal drugs or medications
- Inexperienced drivers who may have underdeveloped judgment skills or limited familiarity with right-of-way conventions
- Reckless or aggressive drivers who are speeding, lane weaving, tailgating, or otherwise endangering the safety of others on the road
In most lane-change accidents, the driver who initiates the lane change is responsible. This is because drivers who change lanes are expected to ensure they can change course safely before moving into a new lane. However, this is not always true. If another road user involved in the accident was violating local traffic laws, they might also share a portion of the responsibility.
When it’s unclear who is at fault for a lane-change accident, law enforcement agencies, insurance representatives, and attorneys typically conduct investigations to better understand what happened. Useful evidence in a lane-change accident investigation may include:
- Police accident reports, which often contain information like toxicology test results and the officer’s opinion about fault
- Photos of vehicle damage or skid marks at the accident scene
- Video footage of the accident from nearby traffic or security cameras
- Testimony from eyewitnesses who saw what happened and professional accident reconstruction specialists
How Common Are Blind Spot Accidents?
We know blind spot accidents are common, but few official statistics are available on the number of blind spot accidents each year. According to data from the National Highway Traffic Safety Administration (NHTSA), most driver-related causal factors in reported traffic accidents involve recognition errors on behalf of drivers.
Recognition errors include things like driver inattention and inadequate surveillance, which are both closely linked to a failure to check blind spots. In one recent year alone, 845,000 accidents, or 41 percent of all accidents attributed to driver-related causal factors, were caused by recognition errors.
Contact Our Auto Collision Law Firm, Today.
If you were injured in a Georgia blind spot accident caused by another driver’s negligence, you shouldn’t be responsible for picking up the pieces of your life by yourself. The experienced personal injury lawyers of Sherrod & Bernard, P.C., can help you investigate the causes of the accident, determine who was responsible, and seek the compensation you need to recover.
Contact us today to discuss the details of your case with a knowledgeable attorney in a free initial case review.
