Liability has to be proven, and in a blind spot auto accident, it’s not also clear who is liable.
Blind spots are tricky. The consensus is that the oncoming vehicle needs to be more prudent when approaching these spots because by definition the driver cannot see these areas in their mirrors because of the design of the vehicle.
Large trucks, for instance, are known to have blind spots directly in front, directly behind, and on the right side diagonally. The passenger vehicle, therefore, must be careful when approaching a truck and avoid staying within these blind spots.
However, liability is a much more complicated thing to determine.
How Do You Establish Liability?
Liability is a legal term that essentially means someone is responsible for a particular event. In the context of a car accident, the at-fault party is liable for damage, because it was their actions or lack thereof that have led to the incident and its repercussions.
However, liability has to be proven, and in some cases, it’s not very clear who is liable. When you file a car injury claim, you also bear the responsibility of proving the other driver is responsible for the actions and must pay you damages.
Liability is usually proven through evidence, which could include:
- Surveillance footage of the accident
- Witness testimony
- Medical records
- Photos or videos from the scene taken after the accident, such as photos you take of your vehicle, your bruises, etc.
- Expert witnesses if needed
Liability in Missouri
Missouri is a comparative fault state, which means multiple parties can share liability for the same event. Parties will usually receive a percentage of fault based on how much they contributed to the accident. For instance, one driver may be held responsible for the accident because of speeding. It was their speeding that led to a car crash, which is why they are found liable.
However, if the other driver involved in the crash is found to be talking on the phone at the time of the accident. An argument could be made that if they were paying 100% attention to the road, they may have been able to act and reduce the severity of the impact. In this scenario, both parties may be deemed responsible, but one is more at-fault than the other.
How Do You Prove Liability in a Blind Spot Accident?
The details of the case matter the most in a blind spot accident. In general, there is the idea that passenger vehicles have a responsibility to be more prudent when approaching such vehicles with blind spots, but it doesn’t mean the other driver is completely off the hook. Their actions may have lead to the car crash in the first place.
For the best advice on how to proceed, you should reach out to an experienced St. Louis car accident lawyer for a case evaluation. Based on the details of your case, they can help you devise an effective strategy to get properly compensated for your injuries.
Talk to a lawyer for Free 24/7