Who Is Liable for a Blind Spot Injury in Virginia?

Apr 6, 2023
McDonald Injury Law

Blind spot accident | geoff mcdonald & associates

Navigating vehicle blind spots during busy traffic hours or intense highway merging can result in dangerous accidents. You can’t see all areas surrounding your car, and other drivers can’t always see you. So, who is liable for a blind spot injury in Virginia?

Understanding Virginia’s liability laws can help you determine your claim eligibility. Continue reading below to learn everything you need to know about blind spot accident laws in Virginia. 

How Do Blind Spot Accidents Happen?

The blind spots of your vehicle include any areas you cannot see using your mirrors or looking straight ahead. Typically, your blind spots will be on the vehicles’ rear driver and passenger sides near the tail lights. Because your rear and side view mirrors do not display this small space, you must physically turn your head to see if any vehicles approach your blind spot. 

Longer vehicles, like tractor-trailers, typically have much larger and more dangerous blind spots. Blind spot accidents occur when drivers do not check their blind spots before changing lanes, causing them to maneuver into another vehicle. Occasionally, blind spot truck accidents occur from passenger vehicles cruising in the truck’s blind spot for too long, leading the truck driver to become unaware of their presence. 

Avoiding Blind Spot Crashes

You can do your part to avoid blind spot crashes by adhering to the following steps:

  • Properly adjust all mirrors: How you adjust your rear and side view mirrors can greatly reduce the size of your blind spot. Center your rearview mirror and point the side views toward the lanes next to your vehicle, showing only a sliver of your rear panels. 
  • Check mirrors and blind spots before maneuvering: When driving, continuously check your rear and side view mirrors, even when not changing lanes, so you have a good idea of your surroundings. When you change lanes, check your mirrors and physically turn your head to view each blind spot. 
  • Avoid staying in others’ blind spots: While you cannot control other drivers’ actions, you can reduce accident risks by keeping your vehicle as visible as possible. Avoid cruising in other vehicles’ blind spots, especially around large trucks. 

Determining Fault in a Blindspot Accident

Who is liable for a blind spot injury in Virginia? Insurance agencies or legal parties determine blind spot accident faults on a case-by-case basis. Whichever driver acted negligently, causing the accident, will assume liability. 

Typically, a driver who changes lanes without properly checking their blind spot is at-fault for the accident, though various circumstances can make each accident more complex. Evidence must prove that either driver acted negligently and that the other driver did not. 

Virginia follows contributory negligence, preventing drivers that assume any portion of liability from receiving compensation for their damages. Because of this complex recovery requirement, you must contact an attorney to understand your rights. 

What To Do After a Blind Spot Accident

If you experience a car accident, follow these steps to support your potential claim:

  1. Get a safe distance away from traffic.
  2. Call the police to file a report.
  3. Seek medical attention for all injuries and potential injuries.
  4. Acquire contact information from all involved parties. 
  5. Take pictures of any and all potential evidence (property damages and injuries).
  6. Adhere to all medical recommendations from doctors and nurses and keep copies of records.
  7. Contact an attorney to collect evidence and develop your case. 

Call Geoff McDonald & Associates for Legal Support

If you’ve been involved in a blind spot injury in Virginia, you may need legal representation for your case. At Geoff McDonald & Associates in Richmond, Virginia, we protect car accident victims’ rights, helping them seek maximum compensation for their losses. 

Call Geoff McDonald & Associates today at (804) 888-8888 to consult with one of our accident attorneys about building your case.