A blindspot accident may seem like any other car crash. Since a driver changed lanes when it was not safe to do so, it may seem clear that they are at fault. However, fault in blind-spot accidents may be open to dispute. Improve your chance of receiving fair compensation by contacting our Buffalo car accident lawyer today. Towey Law will work to protect your rights and maximize your settlement.
Why Fault is Often Disputed in Blindspot Accidents
There are several arguments that may lead to a finding that the person who was driving in a vehicle’s blind spot was at least partially responsible for an accident. In car accidents, the person with the last chance to avoid a collision is assigned a share of fault. A person who was in a vehicle’s blind spot may contribute to or cause an accident by:
- Speeding
- Suddenly accelerating just as the car ahead of them changes lanes
- Switching lanes as a car is moving into the same lane
- Lane splitting on a motorcycle (lane splitting is illegal in New York)
So, while the driver who performed an unsafe lane change when someone else was in their blind spot is generally at fault in a Buffalo blind spot accident, this is not always the case. Fault may be shared, or the driver who was in the blind spot may be to blame.
Contributory Negligence In Buffalo Car Accidents
In New York, people whose injuries cross the threshold covered by no-fault PIP insurance can claim compensation, even if they are mostly to blame for an accident. Per CVP § 1411, their damages are reduced by their share of fault.
Suppose the driver who changed lanes while another vehicle was in their blind spot is 70% to blame, and the other driver is 30% to blame; each is responsible for their share of any compensation payable. The driver who was 70% to blame can receive 30% of their damages, and the driver who was 30% to blame can recover 70% of their damages.
This makes disputes about fault a common feature of injury cases in New York. A semi truck lawyer in Buffalo can help you navigate this complex area so that you do not receive less compensation than you may be entitled to. Although you are injured, you need not delay contacting our Buffalo car accident attorney. You can book a free consultation at our offices, by phone, or via video conferencing.
How Our Buffalo Blindspot Accident Lawyer Handles Your Case
At Towey Law, we do not take any shortcuts. Your motorcycle accident attorney in Buffalo will thoroughly investigate your accident, handle insurance claims and negotiations with insurance adjusters, and take your matter to court if we cannot negotiate a fair outcome.
With medical costs and loss of wages adding to the distress you experience after an accident, we advise you to act promptly. Our experienced attorney offers you dedicated representation, allowing you to rest and recover while our law firm explores every avenue that may benefit your case for compensation. Claim your complimentary consultation today.