Palatine Blindspot Accident Lawyer

Palatine Blindspot Accident Lawyer

Blind spot accidents can have a major impact on the life of the victims involved in the accident. Not only can they cause short-term disruption to daily life, but they also result in long-term consequences in the form of serious injuries, loss of earning potential, financial burden, and mental health issues. If you have been a victim of such an accident, it is your right to seek compensation. If you can prove that your injuries were a result of another party’s wrongdoing or negligence, they can be liable for your damage. Continue reading to learn more about what causes blind spots, how to recover compensation, and how Palatine car accident attorneys can help. 

Photo of a Rolled-over Car

What is a Blind Spot? 

When you are behind the wheel, there is an area around the side of the vehicle that you cannot directly observe. This area is not visible from the standard side view mirror position. This area is called a blind spot. 

When an accident happens due to a collision with a motorist in the driver’s blind spot, it is referred to as a blind spot accident. Since the driver is not aware of the vehicle in that spot, blind spot accidents can lead to catastrophic injuries. While the motorist in the blind spot has better visibility of the other vehicle, they might not have enough time to react to avoid a crash. 

Common Causes Of Blind Spot Accidents

The most common cause of blind spot accidents is improper use of the side view mirror. While the mirror has limited visibility, the driver can move their head to change the viewing angle. The rearview mirror does not cover the vehicle’s blind spots, so the driver will have to rely on the side view mirror or turn their head to get proper visibility. 

Failure to properly check before turning or changing lanes is a major cause of blind spot accidents. A driver can fail to check blind spots due to fatigue or drowsiness; therefore, experts recommend proper rest before you get behind the wheel. 

Other causes of blind spot accidents include drunk driving, distracted driving, bad driving skills, and poor road conditions. Smaller vehicles, like motorcycles and bicycles, have an increased risk of being in blind spot accidents as they are smaller and have less visibility in blind spots. Speeding and reckless driving can also contribute to blind spot accidents. 

How to Avoid Blind Spot Accidents 

The best way to avoid blind spot accidents is to develop a habit of paying attention on the road and checking your blind spots every time you need to change lanes or turn. While it can be difficult to check for blind spots, it may be easier for you to slightly move your head to get a wider view in the side view mirror. Also, it is best to adjust your side view mirrors to get a maximum view of the road. 

Some new vehicle models have blind-spot warning systems that keep the driver informed about the presence of motorists in the blind spot. While these systems are not foolproof, they can assist in minimizing the chances of being involved in a blind spot accident. 

Other ways to avoid such accidents are to follow safe driving practices such as staying within the speed limit, maintaining a safe driving distance, using the indicator when changing lanes, and not changing lanes until it is necessary. 

What to Do After the Accident? 

While you can follow safe driving practices and try your best to avoid blind spot accidents, you can still be a victim of them. If you get involved in a blind spot accident, your first priority should be to ensure your safety and the safety of other individuals involved in the accident.

You may need to get emergency medical attention and check if others need medical assistance. In some cases, you may need to move the impacted vehicles out of traffic. 

Once everyone has the assistance they need and you are in stable condition, you can start to gather evidence you can use in your personal injury claim in Palatine, IL or other types of insurance claims or lawsuits. 

You should try to document the crash site by taking photos of property damage and injuries. With blind spot accidents, the vehicles tend to have damage on the side, but if the collision causes the vehicle to lose control, it can hit other vehicles or objects, causing severe damage. In any case, the photos can help determine the fault of the accident and an estimate of how much it will cost to repair the damage. 

When police officers arrive at the scene, you should cooperate with them. They will most likely make an accident report to document details such as contact information of the parties involved and witness statements. 

You can request a copy of the report from your local law enforcement agency. If you are unable to obtain the copy, a blind spot car accident lawyer can assist you in the process.  

After the accident, you will need to notify your insurance provider about the accident and start the claims process. Whether you want to file a claim or not depends on who was at fault, the extent of injuries and property damage, and the type of insurance coverage you have. 

Proving Fault 

Determining or proving fault in blind spot accidents can range from straightforward to highly challenging. While the driver who didn’t check their blind spot is typically the liable party, the other driver can also be at fault. For example, if the driver in the blind spot was speeding, driving recklessly, or did not have functioning headlights, they could share fault in the accident. 

To prove fault in accidents, you have to rely on evidence. This can include photos and videos of the accident. Ideally, you want to capture photos of the vehicle damage, injuries, skid marks, property damage, and anything else at the crash site that can help you strengthen your case. 

Photo of Car Accident Involving Two Cars

Types of Damages Available 

Illinois is not a no-fault state and modified comparative negligence laws are used to determine liability. According to Illinois law, if you were in an accident, you have the right to seek damages only if you are less than 50% at fault for the accident. 

The amount of compensation will be adjusted according to the percentage of fault in the accident. For example, if the other driver was 90% at fault in the accident, then you can seek compensation, but it will be limited to a maximum of 90% of the total compensation since you will have 10% of the fault. 

There are two main categories of compensation available in auto accidents: economic and noneconomic damages. The economic damages provide compensation for financial losses as a result of the accident. This includes medical bills, vehicle repair or replacement expenses, lost income, loss of earning potential, and modification to a vehicle or home due to injuries. 

Noneconomic damages refer to the mental anguish, pain, and suffering as a result of the accident. Insurance companies or the opposing legal team will try to downplay noneconomic losses, but in reality, these losses can be worth more than physical injuries. In fact, mental health issues can have a much longer impact on victims of serious car crashes. 

Victims often suffer loss of enjoyment of life, anxiety, or depression as a result of their injuries, trauma, or financial burden caused by the accident. 

In cases where the other party is found guilty of wrongdoing, they can be ordered to pay punitive damages in addition to compensatory damages. Punitive damages are to punish the defendant for their gross negligence or wrongdoing that resulted in the suffering of another party. 

The Importance of Hiring a Car Accident Lawyer 

With an experienced attorney on your side, you get access to expert guidance on each step. They can help you gather evidence, file paperwork, negotiate with insurance companies, and manage many other aspects of your claim or lawsuit. 

Most importantly, they can take some of the burden off your shoulders so that you can focus on your physical and mental health recovery. You can schedule a free consultation with us at the Law Office of Jack M. Shapiro, P.C. We will be glad to review your case and guide you on your best legal options.