Blind Spot Car Accidents in New York State –Accident Types, What Victims Should Do, and Why You’ll Need an Experienced Accident Lawyer

What Are Blind Spot Car Accidents?

Blind spot accidents occur when a driver fails to see another vehicle, cyclist, or pedestrian in the areas around their vehicle that are not visible through the mirrors. These areas—typically located to the side and rear of the vehicle—are known as "blind spots." Despite technological advancements such as blind spot detection systems, these accidents still happen regularly, either due to human error or negligence.

Types of Blind Spot Car Accidents

Lane Change Collisions

One of the most frequent types of blind spot accidents involves a driver changing lanes without seeing a vehicle in the adjacent lane. These are most prevalent on highways or multi-lane roads.

Merging Accidents

When entering a freeway or merging lanes, drivers may fail to see a car in their blind spot. This can lead to sideswipes or forced evasive maneuvers.

Right-Turn or Left-Turn Accidents

Larger vehicles such as trucks have large blind spots on both sides. When making turns, especially right turns, they may not see smaller vehicles, bicycles, or pedestrians, resulting in serious injuries.

Parking Lot Incidents

In crowded parking areas, drivers may reverse or turn without adequately checking blind spots. This leaves a lot of room to potentially hit a pedestrian or other vehicles.

Motorcycle and Bicycle Involvement

Motorcyclists and bicyclists are especially vulnerable in blind spot accidents due to their smaller size and limited visibility to other drivers.

Legal Procedure for Victims of Blind Spot Accidents in New York State

Victims of blind spot accidents in New York must navigate through specific legal steps in order to seek compensation for their injuries.

Seek Immediate Medical Attention

Your health and safety come first. Even if injuries seem minor at first, seek medical care immediately – some injuries may not show symptoms until later.

Report the Accident

Under New York Vehicle and Traffic Law, all accidents that result in injury, death, or property damage exceeding $1,000 must be reported to the police within 24 hours. A police report provides an official record and will be used as vital evidence for your case.

Document the Scene

If possible, gather evidence from the scene, including photos of the vehicles, road conditions, skid marks, and any traffic signs or signals. Collect contact information of witnesses as well. It’s important to understand than onlookers and witnesses may not readily give up their information due to concerns about privacy. You will need the legal support of a licensed accident attorney to do this.

File a No-Fault Insurance Claim

New York is a “no-fault” state, which means your own auto insurance company will cover medical expenses and lost wages (up to the limits of your policy), regardless of who was at fault. This claim must be filed within 30 days of the accident.

Determine Eligibility for a Lawsuit with Attorney Support

While no-fault insurance covers basic economic losses, it does not compensate for pain and suffering or serious injuries – unless certain criteria are met. Under New York Insurance Law §5102(d), you can file a personal injury lawsuit if you’ve suffered –

• A significant disfigurement
• Bone fractures
• A loss of fetus
• Permanent limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• Full disability for 90 days or more

Initiate a Personal Injury Lawsuit

If you meet the threshold for serious injury, you may sue the at-fault driver for damages. This includes pain and suffering, medical expenses beyond the no-fault limits, lost earning potential, and more.

Why Victims Need an Experienced Accident Lawyer in New York to Make a Blind Spot Accident Claim

Navigating the legal complexities of an accident claim is not something most people can (or should) handle on their own. Your accident attorney is essential for –

Understanding Local Laws and Court Procedures

New York has very specific traffic and insurance laws. A seasoned accident lawyer understands the nuances of these laws and has the resources to navigate them effectively to your benefit.

Proving Liability in Blind Spot Accidents

Establishing liability in a blind spot accident can be tricky. The at-fault driver may argue that the victim was in their blind spot and is, therefore, responsible. A skilled lawyer can –

• Subpoena traffic camera or dashcam footage
• Hire accident reconstruction experts
• Interview confirmed witnesses
• Collect vehicle data from event data recorders (EDRs)

Seeking Maximizing Compensation (Covering ALL Damages)

Insurance companies aim to minimize payouts. A personal injury attorney will negotiate aggressively on your behalf to guarantee that all current and future medical costs, lost wages, pain and suffering, and other damages are fully covered.

Handling Insurance Companies

Insurance adjusters are trained to protect the company’s bottom line. Seasoned accident lawyers understand their tactics and know how to counter lowball offers or attempts to shift blame onto the victim.

Taking Your Case to Trial (If Necessary)

If negotiations fail, your lawyer can file a lawsuit and take the case to trial. Courtroom procedures are complex, and having a competent litigator (your lawyer) on your side greatly increases your chances of winning.

Being Accessible Regardless of Your Financial Capacity

Most personal injury lawyers in New York work on a contingency fee basis, meaning they only get paid if you win your case. This makes high-quality legal representation accessible to accident victims regardless of financial status.

Blind spot accidents are an unfortunate but common reality on New York roads. While these incidents can result in life-altering injuries, victims are not without recourse. Understanding the legal steps required, and most importantly, securing the services of an experienced New York accident lawyer are all essential steps in building a strong case.

If you or a loved one has been injured in a blind spot accident, acting quickly and wisely can make all the difference. Seek medical care, document everything, file the necessary claims, and get legal representation. A knowledgeable accident lawyer in New York can be your strongest advocate, fighting to hold the negligent party accountable and helping you obtain the justice and compensation you deserve.

Set up a free consultation with the most experienced New York based accident lawyers only at Gabriel Law. Call us, email us, or contact us here.

It’s No Win, No Fee all the way.