Breaking Down Negligence in a Line-of-Sight Accident
Vision obstructions are a real hazard.
More than once I've found myself stopped before an unsettling intersection, or carefully navigating through a section of road(s) that bears characteristics or conditions which can make an automobile accident more likely to occur. On Clearwater Beach specifically, there's a sizeable pothole on the main road. Drivers often feel the need to swerve and avoid it, but with the lanes being as cramped as they are in that area, this is a dangerous maneuver. It's also another great example of a road condition that could inevitably lead to serious injuries.
But a much more hazardous road condition—most commonly a problem at intersections—is vision obstructions. Whether it is a sign, a tree, a lamppost, or a parked vehicle, having something block your view of the road is very unsafe for both parties. If you're trying to take a right turn onto a road at a blind intersection, you've got to be a little brave and inch forward little by little, slowly revealing more of the visually obstructed roadway. Luckily, even if you can't see the cars that are on the road due to a vision obstruction, they should still be able to see the front of your vehicle in time to stop or slow down and let you in.
Who would I be able to recover from?
But what if they don't stop or slow down? Accidents which are alleged to be caused by a vision obstruction are a little different than most cases because liability is spread across more than just the parties which were physically involved the accident. It would be determined to which extent the blocked line-of-sight contributed to the accident—accident reconstruction teams like ARCCA specialize in rebuilding accident scenes and better determining fault. If the vision obstruction was found to be a cause of a certain accident, action would likely be taken against the entity responsible for said obstruction, which may include financially compensating any persons who were injured as a result of the obstruction.
For example, if Bob plants an orange tree in his front yard which blocks the view of the main road for drivers on a side street, he may be inclined to have it removed before any legal issues arise. If Bob's view-hindering orange tree was considered the primary cause of an accident that left someone (or many) injured or even killed, there's a small chance that he'll be considered negligent, depending on very specific circumstances. Of course, any injured parties involved in the accident would be medically covered by their no-fault insurance policy also known as personal injury protection.
Can I recover for property damage?
As for the vehicles, the at-fault driver's insurance company would cover property damage costs up to the limit of their policy, which must be a minimum of $10,000 in the state of Florida. Should that minimum coverage be insufficient, a recovering insured could make an Underinsured Motorist claim under their own policy to cover some or all of the remaining costs. However, Uninsured and Underinsured Motorist (UM) coverage is not required in the state of Florida, while the other two provisions that were mentioned are required. That means a large portion of drivers will go without UM and end up in an unfortunate position without financial coverage for an accident that they did not cause.
However, the above scenario is just one example, and the chances of that one example actually happening are relatively slim. Instead, you should attempt to familiarize yourself with the process of determining negligence in a personal injury case. You—the one directly involved in the accident—will know better than anyone what went on during the accident, but even then your recollection of the crash could be skewed. Constantly stressing about liability, negligence, fault, and recovery during the stretch of time after an accident can be unreasonably overwhelming.
Need a helping hand?
As with any accident, there's always going to be investigation into the matter before any decision can be made. Despite your vigorous researching, the information you get online can be inaccurate, unclear, deceptive, misleading, or completely false. It's important to, instead of relying on third-party sources, talking directly to a knowledgeable personal injury attorney that can not only inform you of the facts, but also work to secure the financial compensation that you deserve to cover your losses.
If you or a loved one has been injured due to someone else's negligence or lack of care and are in need of legal advice or help, Dolman Law Group Accident Injury Lawyers, PA welcomes you to contact us for a free consultation and case evaluation regarding your personal injury. Furthermore, if you're ready to take it to the next step and aim to secure financial compensation, we offer a “no recovery, no fee” guarantee. If we don't secure the compensation you deserve, you won't owe us a dime for our time. Contact us today by visiting our website or dialing 727-451-6900.
Dolman Law Group Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765
727-451-6900