Who Is Liable For A Blind Spot Accident In North Carolina?
Key Highlights:
- Determining who is liable for a blind spot accident in North Carolina is based on whose lane change caused the accident; state law holds the merging driver responsible for verifying their lane change will be safe before doing so.
- Under NC law, you are barred from recovering damages if you are determined to be even 1% at fault for the accident.
- Truck blind spots are huge; these are very complicated cases with serious injuries and strict federal safety regulations that must be followed.
- If you want to win in court, then it is imperative to gather immediate evidence like dashcam video, eyewitnesses, and police reports before they are destroyed or lost forever.
Blind spot accidents are swift; a lane change, and before you know it, your car is damaged, you have injuries, and an argument about who caused it. The answer to the question of who is liable for a blind spot accident in North Carolina relies on which driver was negligent, what proof is available, and how your case applies under North Carolina’s strict contributory negligence statute. We’ll give you all the details in this guide.
Tatum & Atkinson Law Firm provides legal representation to injured individuals in North Carolina as a result of these kinds of accidents.
Contact us at (800) 529-0804 for a free consultation. We work on a contingency-fee basis, so there is no obligation until we successfully settle or win your case.
Who Is Liable For A Blind Spot Accident In North Carolina?
In an accident caused by a blind spot in North Carolina, liability is almost always ascribed to the driver who was changing lanes. According to North Carolina vehicle collision liability laws, a motorist changing lanes or merging into traffic must exercise a higher degree of care than other drivers when attempting to do so and will be legally responsible for their decision if they cannot do so safely.
Under North Carolina’s contributory negligence laws, if the other driver can establish you were even one percent negligent, you will be precluded from recovering compensation from them.
Common Causes of Blind Spot Collisions
On North Carolina highways, these blind spots frequently act as crash zones when a driver fails to check their surroundings prior to changing lanes. The common factors contributing to blind spot car accident liability North Carolina include:
- Failure to check mirrors before merging
- Distracted driving (e.g., using one’s cell phone or fiddling with dashboard controls)
- Rapid lane changes in areas with congested traffic
- Reduced visibility due to such factors as rain, fog, or darkness
Distracted driving blind spot crash NC, especially involving large trucks on highways with high speeds, are among the most severe types of cases we represent.
The Law and North Carolina’s “1% Fault” Rule
As per N.C. Gen. Stat. § 20-150, it is a driver’s responsibility to make sure there is a way to make a lane change safely before proceeding with the lane change itself. Therefore, presuming that the merging vehicle will be at fault for most lane change accident cases.
Due to North Carolina’s strict contributory negligence statute, you must protect your claim because if you are found to be even one percent at fault, you are completely barred from recovering damages. This is why it is necessary to engage an experienced lane change accident lawyer North Carolina to help protect your rights from day one.
Why Truck Blind Spot Accidents Are Especially Dangerous
Truck blind spots are much larger than those of cars and create significant dangers on the roads in North Carolina when truck drivers don’t check these enormous “No-Zones” before entering the roadway with their vehicles, resulting in collisions that often lead to catastrophic accidents and injuries.
The Massive Scale of Truck Blind Spots
The enormous blind spots on large commercial vehicles range from 20 feet in front of the vehicle, 30 feet behind the vehicle, and across full lanes on both sides. Missing to see a vehicle in these zones often lead to devastating multiple vehicle highway pileups.
Complex Federal Regulations and Carrier Liability
A truck blind spot accident lawyer NC will often take into consideration the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA) when determining what caused an accident. In addition to the truck driver’s failure to check his or her blind spot before entering the roadway, liability may extend to the trucking company’s negligent hiring of the truck driver, lack of training for the truck driver, or failure to properly maintain safety devices and equipment on the vehicle.
Extreme Vulnerability of Motorcyclists
Motorists riding motorcycles are especially vulnerable, as they do not have the structural protection that drivers of automobiles have. Motorcyclists can suffer life-changing injuries from a truck blind spot accident, such as traumatic brain injuries and spinal fractures. Therefore, Motorcycle blind spot accident compensation NC will typically include the cost of long-term medical care and impaired quality of life.
How Fault Is Proven and What Evidence Wins These Cases
To successfully win a failure to check blind spots accident claim, you will have to prove four things:
- The driver who caused your accident had a legal obligation to operate their vehicle safely.
- They breached that legal obligation by failing to check blind spots before changing lanes.
- There was a direct cause and effect between the breach of the obligation and the crash.
- You have sustained losses or injuries as a direct result of the accident.
Establishing all four elements clearly protects you from the contributory negligence defense that exists in North Carolina with respect to negligence.
The strongest evidence in blind spot cases includes:
- Dashcam or traffic camera footage: Video evidence showing the lane change and the point of impact is the strongest type of evidence available in all merge accident injury claim North Carolina disputes.
- Police report and citations: The police report, when they write tickets for unsafe lane changes, establishes fault at the scene.
- Eyewitness statements: A third-party witness with no stake in the outcome of the case will provide impartial corroboration of your version of events.
- Vehicle damage patterns: The areas on each vehicle that are damaged show the angle of the crash and provide evidence of the vehicle that was traveling laterally.
- Cell phone records: If a distracted driving blind spot crash NC is suspected, phone activity logs will confirm that the other driver was using their cell phone at the time of impact.
How Insurance Companies Handle Blind Spot Disputes
In North Carolina, car accidents where both parties claim the other driver is responsible for blind spot car accident liability North Carolina, the insurance companies usually complete their own investigation to determine blame. Each adjuster will examine the police report, review the damage, and interview both parties. Their objective is to establish at least a percentage of fault against you; if they can prove you were partially at fault, they may not be required to pay on your behalf since North Carolina has a contributory negligence statute.
Can you sue for blind spot accident NC? Yes, you may still have grounds for your case, but to win, you must keep all responsibility on them. Therefore, you should never agree to give a recorded statement to their insurance company without a car accident attorney present. Don’t guess about what happened; do not downplay your injuries; and do not admit to being at fault. Your statements on “who is at fault in a blind spot accident NC” would determine the outcome of your experience as much as any physical evidence.
Damages and Compensation in Blind Spot Claims
In the case of a blind spot accident where the other driver is liable, you can receive full compensation for all losses caused by the accident.
Compensable Damages You Can Recover
Your expected losses under a blind spot car accident claim will include:
- Medical Expenses: Medical expenses for emergency room visits, hospital stays, and rehabilitation.
- Lost Income: Compensation for lost wages due to being unable to work because of your injuries and any loss of future earnings.
- Property Damage: Funds for your car and any property that was damaged or lost in the accident.
- Non-Economic Losses: Non-economic losses are things like physical pain, suffering, and loss of enjoyment of life.
Note on Gross Negligence: If the other party was grossly negligent, such as a commercial truck driver texting while changing lanes, then you may be entitled to punitive damages in addition to the compensatory damages outlined above.
Common Injuries From Sideswipe Collisions
Blind spot car accidents have serious lateral impacts, often leading to very serious injuries that require extensive treatment and sometimes even years to heal. Some examples of the types of trauma are as follows:
- Head & Neck: Traumatic brain injuries (also known as TBIs) and cervical spine injuries.
- Fractures: Broken ribs, broken clavicles, broken hips, broken pelvises.
- Lacerations: Deep cuts and wounds from shattered side windows during accidents.
“The injuries listed can take many months or even years to heal and will generally require long-term care; therefore, it is important to get a lawyer early to represent you as a blind spot accident lawyer North Carolina when filing your claim so that the total cost of your losses reflects the true lifetime cost of such injuries.“ – Robert Tatum, Founding Lawyer
When to Contact a North Carolina Accident Lawyer
Blind spot accident evidence becomes quickly unavailable. Surveillance video gets deleted, witnesses become hard to find, and the other driver’s insurance company will start working to build their defense immediately after the collision. You can file your claim up to three years after the accident occurred as per North Carolina’s Statute of Limitations. However, if you wait, it will weaken your case significantly.
If any of the following situations pertain to you, contact a blind spot accident lawyer North Carolina now:
- You have suffered injuries due to the wreck.
- A commercial truck or large company vehicle was involved in the accident.
- The other driver denies being at fault or attempts to place blame on you.
- The other driver’s insurance company has reached out to talk to you about your injuries.
Tatum & Atkinson Law Firm offers free, no-obligation consultations and our firm works on a contingency fee basis, i.e., you do not have to pay us if we do not obtain a recovery on your behalf. Call our office today at (800) 529-0804.
Contact Tatum & Atkinson Law Firm for a Free Consultation
Your day can change forever with one accident. If you were injured in North Carolina due to a blind-spot accident, which is an accident where one driver doesn’t see another vehicle before hitting it, we want you to know that our law firm is here to provide you with assistance every step of the way.
In addition to helping you understand who is liable for a blind spot accident in North Carolina, we will also assist you in taking the necessary steps to recover compensation for your pain and suffering, medical expenses, lost wages, and other damages. The time frame for recovering damages from an accident caused by someone else’s negligence is limited, so don’t delay. Contact Tatum & Atkinson Law Firm for assistance today.
Please contact us at (800) 529-0804 for a free initial consultation. If you retain us as your North Carolina car accident attorney, we will not charge you unless we win your case.
Frequently Asked Questions!
Do cops actually investigate hit and runs?
Yes! Law enforcement uses video surveillance, witness information, and other physical evidence to try to locate an escaping driver. Injuries from incidents tend to be investigated with greater priority, and, depending on evidence found, an at-fault driver may face criminal charges in North Carolina.
Is it illegal to not check your blind spot?
Changes to lanes must be made with reasonable safety as regulated by N.C.G.S § 20-150. Not checking your blind spot could be classified as negligent behavior and may later serve as a basis for a civil claim or a traffic citation.
What should I not tell the insurance company?
Never admit fault, assume either party’s error in causing the accident, minimize your injuries, or record an official statement without the advice of an attorney. Statements given early on in the claim process are often used to reduce or deny the claim.
What if the driver who hit me in a blind spot accident was driving a rental or company vehicle in North Carolina?
Vicarious liability may also apply to the employer or rental agency if the vehicle is operated during their employment. Thus, there can be multiple defendants as well as differing insurance policies available to reimburse you for your damages.
Can dashcam or traffic camera footage help prove fault in a blind spot accident in North Carolina?
Yes, it’s great in resolving disputes regarding who is at fault. Video evidence will give both parties the position of their vehicles, how the lane change was made, and the moment of the accident, where both parties can deflect blame away from themselves.
