Blind spot accidents are often due to driver error. But which driver made the error? It depends on the circumstances. If the reason a car was in your blind spot was because it was passing in a no-passing zone, that driver is likely liable. But if you failed to check your blind spot properly, the responsibility for the accident is likely yours.
And to make things even more complicated, Indiana operates under a modified comparative negligence rule, which means both drivers can bear some of the responsibility for the accident.
Like all car accidents, you’ll need to review the evidence to establish fault for the crash. But to guide you in understanding who might be liable, here’s some information on blind spot accidents in Indiana.
Liability in Blind Spot Accidents
As is the case with any car accident, the driver that caused the collision is liable in the case of a blind spot accident. Most often, the responsibility goes to the driver who failed to check their blind spot.
If the accident happened due to a lane change, the driver who merged into the lane will more than likely be responsible.
In rare circumstances, a third party might be involved. When an object obstructs the driver’s view and makes it impossible for them to check their blind spot properly or see their blind spot, that third party could be liable. An example of this is if a car was parked illegally and blocked the driver’s view. The owner of the illegally parked vehicle would then be liable.
Evidence in Blind Spot Accidents
Proving who was at fault for a blind spot accident can be challenging. That’s why victims often hire an attorney to protect their interests in the case and prove their case.
An important element in a blind spot case will be vehicle damage. This will tell a story about where the vehicles collided, at what speed and at what angle. Knowing this information will make it possible for experts to recreate the scene.
When a driver fails to check their blind spot, vehicle damage is often on the driver’s side of the vehicle toward the rear.
Another important piece of evidence in a blind spot accident is witness testimony. This can help back up the physical evidence. A witness might have seen the driver switch into the lane.
Additionally, as is often the case in car accident cases, the police report will be an important piece of evidence. And if there is any surveillance footage, this will also help prove exactly what happened leading up to the accident.
What Is Indiana’s Modified Comparative Negligence Law?
Indiana’s comparative negligence law outlines that a driver cannot pursue financial damages from the other party if they were 51% or more at fault for the accident.
Additionally, the law states that settlements will be decreased by the percentage that the courts find the victim liable for the accident. That means that if you’re found to be 20% at fault for an accident with $100,000 in damages, you’ll only receive $80,000.
This law is extremely important because the other party’s car insurance company is likely to argue that you had something to do with an accident because it decreases the amount they have to pay out. Without strong evidence and representation, it will be challenging for you to prove that you were not responsible for the accident at all.
Regardless of the circumstances, you should seek legal advice after a car accident of any kind. Stewart & Stewart is a leading Indiana car accident law firm. We’ll defend your rights and work to get you the financial restitution you deserve. Contact us now to schedule your free consultation.