Generally, the driver who failed to ensure the lane was clear before moving into it bears responsibility. But life, and the law, aren’t always that simple.
Let’s address the general principles lawyers and insurance adjusters use to determine liability in these situations.
If you’ve been involved in one of these accidents, an Indiana personal injury lawyer can help you understand your rights and build a strong case. Give the team at Yosha Law a call at (317) 334-9200 to figure out your next steps.
What is a Blind Spot?
Blind spots are the zones around your car, truck, or motorcycle that you cannot directly see while looking forward or using your rearview or side mirrors.
Common examples:
- The area just behind your shoulders on either side.
- Sometimes, areas directly behind you, depending on your rear window visibility and cargo.
- Pillars between your windows (A, B, and C pillars) can create temporary blind spots for pedestrians or other vehicles.
Why does this matter? Because what you can’t see can absolutely hurt you, or someone else. A car, motorcycle, or cyclist hiding in that blind spot is an accident waiting to happen if you initiate a turn or lane change without physically looking.
Cars vs. Trucks: Not All Blind Spots are Created Equal
Common cars have blind spots, but large trucks have significantly larger areas where the driver cannot see. These large blind spots pose a significant safety risk due to the reduced visibility around the vehicle. Commercial trucks have significantly larger blind spots, often called “No-Zones”.
These No-Zones are located:
- Directly in front: Up to 20 feet.
- Directly behind: Up to 30 feet.
- On the sides: Particularly large on the right side, sometimes extending across multiple lanes.
This size difference means drivers of large trucks have a heightened responsibility to be aware, but it also means you need to be extra careful when driving near them. Lingering in a truck’s No-Zone is asking for trouble.
The Role of Blind Spot Monitoring Systems in Liability
Newer vehicles often come with Blind Spot Monitoring (BSM) systems. These use sensors to detect vehicles in your blind spots and alert you, usually with a light in your side mirror or a beep.
Don’t rely on blind spot mirrors for your safety or your liability case. Technology fails. Sensors get dirty, malfunction, or might not pick up smaller objects like motorcycles or bicycles. Neglecting a shoulder check and depending only on blind spot monitoring (BSM) is a form of negligence.
Indiana Law and Your “Duty of Care” on the Road
In Indiana, drivers operate under a legal concept called “duty of care.” Basically, it means you have a responsibility to operate your vehicle reasonably safely to avoid harming others.
What does “reasonably safely” mean in the context of blind spots? It means:
- Using your mirrors.
- Using your turn signals before you move.
- Physically turning your head to check blind spots before changing lanes or merging.
- Being aware of the traffic conditions around you.
- Adjusting your driving based on weather or road conditions.
Failing to do these things, particularly failing that quick head check for the blind spot before moving over, is generally considered a breach of that duty of care. And when a breach of duty leads directly to an accident that causes injury or damage? That’s the textbook definition of negligence.
In blind spot accidents, the driver who merged or turned into the path of another vehicle because they didn’t adequately check is usually the one found negligent, and therefore, liable.
Proving Fault
What kind of evidence helps paint the picture of what really happened?
- Police Report: Officers document the scene, sometimes noting initial impressions of fault based on vehicle positions, damage, and statements.
- Witness Statements: Passengers or other drivers who saw the collision can provide objective accounts. Their testimony can be incredibly persuasive.
- Vehicle Damage: The location and severity of damage on both vehicles often tells a story about the angle and force of impact, corroborating who hit whom. Point of impact is key here.
- Photos and Videos: Pictures of the scene, damage, road conditions, and any visible marks (like skid marks) are invaluable. Dashcam or traffic camera footage, if available, can be definitive.
- Driver Statements: What each driver said immediately after the accident, or later to insurance adjusters, matters. Be careful what you say!
A thorough investigation pieces all this together. Sometimes it clearly points to one driver’s failure to check their blind spot. Other times, it might reveal a more complicated scenario.
Indiana’s Comparative Fault Rule: What if Everyone Messed Up?
Life isn’t always black and white. What happens if the driver changing lanes failed to check their blind spot, but the other driver was speeding or wasn’t paying attention either? Indiana applies a system called “modified comparative fault” to sort this out.
Essentially, the amount of compensation (damages) you can recover for your injuries is reduced by your percentage of fault. If you were 20% responsible for the accident, your potential award is cut by 20%.
But there’s a big catch. Under Indiana Code § 34-51-2-6, if you are found to be 51% or more at fault for the accident, you cannot recover any damages from the other party. You hit that 51% mark, and you get nothing.
This is Indiana’s “51% rule,” stemming from Indiana Code § 34-51-2-5. It makes establishing the exact percentages of fault incredibly important in any injury claim. Insurance companies tend to use comparative fault to minimize payouts or deny claims altogether, arguing you were mostly to blame.
How Comparative Fault Plays Out (Example)
Imagine Driver A merges without checking their blind spot and hits Driver B. Seems clear, right? But maybe Driver B was going 15 mph over the speed limit.
A jury (or settlement negotiation) might decide:
- Driver A is 70% at fault for the improper lane change.
- Driver B is 30% at fault for speeding.
If Driver B’s damages (medical bills, lost wages, etc.) total $100,000, they can recover $70,000 from Driver A (or their insurance). That’s $100,000 minus their 30% fault ($30,000).
If Driver A also had damages, say $20,000, they could not recover anything from Driver B, because their 70% fault is over the 50% threshold.
Common Blind Spot Accident Scenarios: Who’s Usually on the Hook?
While every accident is unique, some patterns emerge in blind spot collisions regarding liability.
Lane Change Collisions
Driver A wants to move into the adjacent lane. Driver B is already occupying that space, perhaps slightly behind Driver A and squarely in the blind spot. Driver A merges without a proper shoulder check and impacts Driver B.
Typical Liability: Driver A, who initiated the lane change without ensuring it was safe. Exceptions exist if Driver B was behaving unpredictably (e.g., speeding excessively, swerving).
Merging Accidents (On-Ramps, Lane Endings)
Similar to lane changes, but often involves one driver trying to enter the flow of traffic from an on-ramp or a lane that is ending. The merging driver has the primary responsibility to yield to traffic already established in the lane they wish to enter.
Typical Liability: The merging driver, if they failed to yield and check their blind spot before entering the travel lane.
Turning Accidents
This frequently involves right turns, especially for large trucks making wide turns. A vehicle, cyclist, or pedestrian can be in the driver’s right-side blind spot as they initiate the turn.
Typical Liability: The turning driver, if they failed to check for and yield to others lawfully in their path (including those in the crosswalk or bike lane).
Parking Lot Pile-ups
Lower speeds don’t eliminate blind spot risks. Backing out of spaces, navigating tight aisles, and dealing with pedestrians create numerous opportunities for collisions. The same principles of checking surroundings apply.
Typical Liability: Often falls on the driver backing up or pulling out of a space without ensuring the path was clear. But shared fault is common in chaotic parking lots.
A Note on Vulnerable Road Users: Blind Pedestrians
Indiana law provides specific protections for pedestrians who are blind. Indiana Code § 9-21-17-21 mandates that drivers must yield the right-of-way to a pedestrian carrying a white cane (tipped with red or not) or led by a guide dog. This applies even if the pedestrian isn’t in a marked crosswalk.
Failure to yield in this situation is negligence per se (meaning negligence is assumed because a safety law was violated) and demonstrates a clear breach of the duty of care, especially relevant if a blind spot contributed to the driver not seeing the pedestrian in time.
Don’t Wait: The Two-Year Ticking Clock
If a blind spot accident injured you, there’s a critical deadline you cannot ignore. In Indiana, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. This is dictated by Indiana Code § 34-11-2-4.
Two years might sound like a long time, but building a strong case takes effort. Investigating the crash, gathering evidence, negotiating with insurance companies, and potentially preparing for trial all consume time.
If you miss this deadline, you lose your right to sue for damages related to your injuries, no matter how severe they are or how clear the other driver’s fault was. Don’t let the clock run out on your claim.
After the Crash Chaos: Protecting Yourself
Assuming you’ve already handled things at the scene (like calling 911 and exchanging information if possible), what should you focus on once you’re away from the wreckage?
- Seek Medical Attention: Get checked out by a doctor, even if you feel “fine.” Adrenaline can mask injuries, and some serious conditions (like internal bleeding or concussions) aren’t immediately obvious. Medical records also create a crucial link between the accident and your injuries.
- Document Everything: Keep a file with the police report number, the other driver’s information, witness contacts, photos you took, medical bills, receipts for related expenses (like prescriptions or transportation), and notes about your injuries and recovery process. Write down how the accident happened while it’s fresh in your mind.
- Report to Your Insurance: Notify your own insurance company about the accident, sticking to the basic facts.
- Beware of Quick Settlements: The other driver’s insurance adjuster might contact you quickly, seeming very friendly and offering a fast payment. Be wary. Their goal is to settle your claim for as little as possible, often before you even know the full extent of your injuries or future medical needs.
- Do NOT Give a Recorded Statement: You are generally not obligated to give a recorded statement to the *other driver’s* insurance company. Adjusters are trained to ask questions that might make you seem partly at fault. Politely decline and state you may retain counsel.
- Talk to a Lawyer: Before you sign anything or agree to any settlement, talk to an attorney who handles car accident cases. Understanding your rights and the potential value of your claim is essential.
Let Yosha Law Fight for Your Fair Recovery
Blind spot accidents create instant chaos and raise tough questions about fault and compensation. Don’t let an insurance company decide what your claim is worth.
Call Yosha Law today at (317) 334-9200 for a consultation to discuss your blind spot accident case.
