A DC blind spot car accident lawyer can assist you in every facet of your claim. The most challenging part of a blind spot car accident for clients is determining liability. Clients often come to us and say the adverse driver was speeding, and there was no way to know they had entered their blind spot. Moreover, how can a driver be at fault if they did not see the driver there? Shouldn’t the other driver realize they are in your blind spot and get away within a reasonable period? The reality is they have every right to travel in the lane they are in and do not have to account for anyone else’s blind spots. Instead, it is the car that is merging that must yield to the cars that are already in the lane.
Blind spots are tricky. Driving in Washington, D.C., is already difficult. Often, the streets are busy with rush hour traffic, teen drivers, older drivers, secret service escorts, and many other obstacles to watch out for. Moreover, navigating to your destination is complex. Your navigation may tell you where to go, but it does not always update in time. Many routes have you taking several turns within 15 seconds. Navigation apps sometimes adjust slowly. Or worse, they think you are on a different road than the one you are on and give you the wrong directions, adjusting at the last moment. When this happens, you may try to merge over to the exit lane at the last moment. You may glance at your side view mirror and not see any cars. Doing this, you run the risk that a car is hiding in your blind spot.
If you get into an accident, speak with a DC blind spot car accident lawyer to discuss your options.
The reason for a blind spot car accident is intuitive. If you do not see the car or truck beside you because it was in your blind spot, that qualifies as a blind spot accident. However, here, we will focus on how you ended up in this scenario so you can better anticipate these dangerous situations in the future.
A properly adjusted mirror is crucial to detect as much of the space on either side of your car as possible. Especially if you are getting into your friend’s car for the day or driving a rental car, you must be diligent and only exit your parking spot once you are sure your mirrors are correctly adjusted. Once on the road, it would be best to focus on the road, not adjusting your mirrors. While adjusting your mirrors may seem related to driving because it is, it still qualifies as distracted driving. Distracted driving takes your eyes off the road or places your attention elsewhere. To drive prudently, you should avoid this as much as possible. Thus, adjusting your mirrors before driving on the road is preferable. Moreover, what if the car you are driving does not have automatically adjustable mirrors?
Jeep Wranglers, for example, often come with manually adjustable mirrors despite being brand-new 2024 vehicles. Or, because it is a new car, you may not even know how to adjust your mirrors. Taking the extra time is critical for your safety.
Driver error is the most common cause of blind spot car accidents. This comes down to a need for more awareness. A driver has a legal duty to yield to vehicles in the lane they are changing into. The other car does not necessarily have a duty to avoid your negligent behavior. If a driver fails to check their blind spot and hits you, that driver is at fault. You can pursue a negligence cause of action against that driver with help from a DC blind spot car accident lawyer. To be successful on this claim, we must prove that the adverse driver committed an error. Ideally, we have an eyewitness who pulled over and with whom you exchanged information. An unbiased third party can testify at trial and even help before trial at the settlement negotiation stage.
Proving driver error can be challenging based on the property damage to the vehicles. In some instances, such as a rear-end accident, when one car has property damage on its rear, and the defendant has damage on the front of its car, that paints a pretty complete picture. However, a blind spot accident is more complex. This is known as a sideswipe accident and sometimes comes down to whose testimony a jury believes more. However, if the property damage to your vehicle is on the front-passenger side of your car and the damage to the defendant’s vehicle is on the rear-driver side, that may support your claim.
Everything is more difficult at high speeds. There is less time to make split-second decisions, and the stakes are higher. At low speeds, negligence may result in mere scratches to the paint of the cars involved and no injuries. But at high speeds and on highways, the injuries can be fatal. It makes sense why there would be more blind spot car wrecks at high speeds. Drivers may feel they lack time to check their surroundings thoroughly. However, that does not excuse the tortfeasor of liability. It is still negligence.
Negligence is the basis of the legal framework your DC blind spot car accident lawyer will use to build your case. Why negligence? In Washington, D.C., the law permits only a couple of options. The alternative to a negligence claim is to pursue a battery. But to do this, we must prove that the defendant intentionally hit you with their car. In a blind spot accident case, this is exceedingly rare. Thus, we are left with negligence. To prove negligence, we must prove a few things. First, we must prove the defendant owed you a duty and that you were a foreseeable plaintiff. While the defendant may try to argue you were not a foreseeable plaintiff because you were invisible to them, this argument does not hold up in court.
Courts have consistently ruled that drivers on the road owe the same duty of care to everyone else, whether they are professional drivers, teenage drivers, or older drivers, day or night. We can prove the defendant breached this duty if we can prove they merged into your lane and that merge caused the accident. Then, the defendant will be found legally liable for your damages if we can establish a causal link between that negligent lane change and the damages you suffered.
Our DC blind spot car accident lawyers at Gelb & Gelb, P.C. have been helping victims of blind spot accidents since 1954. As one of the oldest personal injury law firms in Washington, D.C., we are proud to have resolved over 10,000 cases for our clients.
If you have a question regarding the viability of your case or the law on blind spot accidents in DC, call our office today for a free consultation. Our office is open 24/7 at (202) 331-7227.
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