The driver who fails to check their blind spot before changing lanes or merging is typically at fault for an accident due to a blind spot. In most cases, the law holds drivers responsible for maintaining awareness of their surroundings and ensuring that the lane is clear before making any maneuver.
Blind spots are not a legal excuse for causing a collision. Drivers are expected to use their mirrors, turn their heads when necessary, and avoid making unsafe lane changes or turns.
If you were in a wreck, a Long Island car accident lawyer can help you determine liability and pursue compensation for your injuries and damages.
Understanding Fault in Blind Spot Crashes
At Levine And Wiss, we’ve handled countless cases where drivers or passengers were injured because someone failed to check their blind spot. While these accidents are common, they are also avoidable—and New York law supports holding the at-fault driver accountable.
Blind spot collisions often occur in the following scenarios:
- When a vehicle merges or changes lanes without signaling
- When a large truck sideswipes a smaller car in the adjacent lane
- When a driver turns across a lane of traffic, unaware that a vehicle or cyclist is beside them
- In stop-and-go traffic where mirror visibility is limited
Regardless of the specific scenario, the key legal question is whether the driver acted with reasonable care. If they did not take steps to ensure the lane was clear, they are likely to be held liable.
New York Law and Driver Responsibility
New York traffic law expects drivers to operate with caution, especially when turning or changing lanes. One statute commonly applied in blind spot cases is New York Vehicle and Traffic Law § 1129, which addresses following too closely and maintaining safe distances between vehicles.
While § 1129 doesn’t specifically mention blind spots, it supports the broader principle that drivers must keep a proper lookout and take action to prevent collisions. This includes checking mirrors, using signals, and yielding when appropriate.
When a driver fails to do so and hits someone in their blind spot, that failure often forms the legal basis for determining fault.
What Makes Blind Spot Accidents Unique?
Blind spot accidents are often more complicated than they appear. Insurance companies may try to argue that the injured party was in a “no zone” or riding unsafely in an area where they shouldn’t have been.
In these cases, it becomes essential to analyze the facts in detail, including:
- Vehicle size and type: Trucks and buses have larger blind spots than passenger vehicles.
- Roadway design: Narrow lanes, construction zones, and on-ramps can increase crash risk.
- Signal usage: It matters whether the driver signaled before turning or merging.
- Speed and traffic flow: Speeding or sudden lane changes may shift fault.
- Witness statements and video: Dashcams or surveillance footage often help clarify events.
At Levine And Wiss, we work quickly to gather this evidence. Our in-house investigators and legal team know what questions to ask and which facts make the difference in assigning liability.
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Common Scenarios Where Blind Spot Liability Arises
Not every blind spot crash is the same. Here are a few situations where we often see fault disputes:
- Lane change sideswipe: A driver merges without seeing a car beside them.
- Truck “no–zone” crash: A car is traveling alongside a semi-truck and gets hit when the truck turns or drifts.
- Motorcycle or bicycle collision: Smaller vehicles are especially vulnerable in side-impact crashes.
- Merging from an on–ramp: A vehicle enters a highway and hits another in an adjacent lane.
- Multi-lane turns: Drivers swing wide or cut across into another lane at an intersection.
In each case, the person making the lane change usually bears the responsibility, especially if they didn’t signal, failed to look, or assumed the lane was clear without confirming.
Can Both Drivers Be at Fault for a Blind Spot Accident?
Yes, in some blind spot crashes, liability may be shared between drivers. For example, if one driver was in another’s blind spot for an extended period or was speeding in an attempt to pass, a court or insurance adjuster might assign partial fault to both parties.
New York follows a pure comparative negligence rule, which means that even if you’re partially at fault for your blind spot accident, you can still recover damages. Your compensation is simply reduced by your percentage of fault.
This is another reason why accident reconstruction and expert testimony are so valuable. Our team at Levine And Wiss works with professionals who can analyze road angles, mirror placements, and driving patterns to present a clear picture of what happened.
How to Prove Fault After a Blind Spot Accident
If you’ve been injured in a blind spot crash, proving fault often comes down to evidence. We recommend taking the following steps if you are able:
- Call the police and request an official accident report.
- Photograph the vehicles, road conditions, and damage from multiple angles.
- Get medical attention right away, even for minor injuries.
- Collect contact information from witnesses.
- Avoid giving statements to insurers before speaking with a lawyer.
Once we are on the case, we take steps to:
- Obtain dashcam or surveillance footage
- Review damage patterns and crash angles
- Analyze driver statements for admissions or inconsistencies
- Coordinate with accident reconstructionists when necessary
Our goal is to establish clearly who moved into whose lane and whether proper precautions were taken.
Injured in a Blind Spot Crash? We Can Help
If you or a loved one suffered injuries due to a blind spot collision that wasn’t your fault, you do not have to figure it out alone. The team at Levine And Wiss is here to investigate, advise, and fight for your full compensation award.
We offer free consultations, and you pay nothing unless we recover for you. With thousands of clients served and a proven track record in vehicle accident litigation, we know how to handle complicated fault disputes and stand up to aggressive insurance companies.
Contact us today to speak with a team that knows New York traffic law inside and out—and is ready to protect your rights.
