Cape Coral Attorneys Helping People Injured in Blind Spot Car Accidents
All vehicles have blind spots or areas where the driver’s view is obstructed. Changing lanes without checking a blind spot is dangerous, and therefore, one of the first rules drivers learn is to check their blind spots before moving from one lane into another. Many motorists become complacent, though, and move without checking to make sure the path is clear, causing collisions in the process. Blind spot car accidents can cause significant injuries, and people who suffer harm due to the carelessness of others have the right to seek compensation. If you sustained losses due to a car crash, the trusted Cape Coral lawyers of Lusk, Drasites & Tolisano, P.A. can assess the circumstances surrounding your harm and aid you in seeking any damages recoverable. Our attorneys regularly represent injured parties in car accident cases in Cape Coral and Fort Myers, and Naples as well.
Scenarios that Lead to Blind Spot Car Accidents
Most passenger vehicles have blind spots that prevent motorists from using their rearview mirrors to determine if other cars are adjacent to the vehicle. As such, they must turn and look to evaluate whether cars are approaching or next to them before changing lanes. Blind spots are usually located over the left and right shoulder of the driver. They are often caused by physical obstructions within the vehicle, such as door frames, and may be impacted by the driver’s height. Blind spot car accidents typically occur when a driver merges or changes lanes without checking his or her blind spot and strikes another vehicle. Blind spot accidents can cause significant injuries, including fractures, traumatic brain injuries, and soft-tissue injuries like strains and sprains.
Establishing Liability for a Blind Spot Car Accident
People hurt in collisions will often pursue damages from the driver they deem responsible for causing the crash in a civil lawsuit. Generally, a plaintiff must establish the defendant’s negligence to recover damages. In Florida, proving negligence requires a plaintiff to prove the defendant owed the plaintiff a duty but that the defendant breached the duty. The obligation imposed on the defendant is generally to drive as a reasonable person would under the circumstances, which typically includes checking a car’s blind spots. The plaintiff must also demonstrate that the defendant’s breach proximately caused the collision, which in turn caused the plaintiff to sustain losses. In other words, the plaintiff must show that the accident would not have occurred if the defendant had checked his or her blind spot before changing lanes.
In many instances, a defendant will refute the plaintiff’s account of how the accident occurred and argue that the plaintiff caused the accident by speeding or engaging in other unsafe driving tactics. Proving a defendant did not check his or her blind spot before changing lanes can be challenging, and a plaintiff will often have to rely on circumstantial evidence such as eyewitness accounts of how the accident occurred. In some instances, it may be beneficial for a plaintiff to hire an accident reconstructionist to testify regarding the manner in which the accident occurred. Notably, even if a judge or jury finds that a plaintiff is partially at fault for a collision, it does not preclude the plaintiff from recovering compensation. Rather, under Florida law, the damages awarded to the plaintiff will merely be reduced in proportion to his or her negligence.
Meet with an Experienced Florida Lawyer
Florida motorists have a duty to operate their vehicles safely, which includes checking their blind spots before changing lanes, and drivers who fail to do so often cause collisions. If you were hurt in a blind spot car accident, you might be owed compensation, and it is advisable to meet with an attorney to evaluate your potential claims. At Lusk, Drasites & Tolisano, P.A., our experienced Cape Coral car accident lawyers are adept at proving negligent motorists should be held accountable for the damages they cause, and if we represent you, we will advocate aggressively on your behalf. We have offices in Cape Coral, Fort Myers, and Naples, where we regularly represent people in car crash cases.
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