Bridgeport, WV Personal Injury Attorney | Desai Law

Did an Inattentive Driver Not See You in Their Blind Spots?

blind spot car side mirror

Blind spot refers to the areas that a driver cannot see in their rearview or side mirrors. All vehicles have some type of blind spot, whether it’s a moped, a car, or a semi-truck.

Some newer vehicles come equipped with blind-spot monitors. While these monitors can enhance safety, they’re not a replacement for manually checking blind spots.

Many blind spot accidents happen when an inattentive driver merges or switches lanes, then strikes a pedestrian or another vehicle.

Do I need an attorney to pursue a blind spot accident claim?

You could attempt to negotiate with the insurance company by yourself.

However, individuals without legal representation may encounter several hurdles.

  • First, the insurance company could determine that you are responsible for the accident, when in fact you are not. As a result, you could end up being sued.
  • Or, the insurance company might offer you a settlement that is a fraction of what you deserve. Don’t be fooled into thinking your injuries are worth much less than they actually are. When needed, personal injury law firms may partner with economic and medical experts to properly evaluate an injury claim.

It also takes a lot of time and energy to handle a personal injury claim. When you hire an attorney, they do the hard work. You can rest and focus on your recovery.

What does a blind spot accident settlement pay for?

A personal injury settlement or award will pay for compensatory damages. These damages are often categorized as either economic or noneconomic.

Economic damages incurred in a blind spot accident

Economic damages are those that have a hard monetary value.

These expenses include:

  • Medical bills for your accident-related injuries
  • Current medical bills such as the ER visit, ambulance ride, diagnostic tests such as X-rays and CT scans, hospital stays, surgery, and physical therapy
  • Any future accident-related medical costs that you will incur for the rest of your life, such as ongoing doctor visits, therapy, and medication
  • Lost income while you recover from your injuries
  • Compensation for any future lost wages, if you can’t return to work at all or can only work in a diminished capacity (fewer hours or less money)
  • Professional services, if you have to hire someone for tasks you normally performed, such as child care, lawn care, and cleaning
  • Necessary modifications to your home or vehicle if you are now in a wheelchair
  • The repair or replacement of any personal property

After an accident, you and your family should not have to worry about money.

Noneconomic damages incurred in a blind spot accident

Noneconomic damages don’t have an objective monetary value, but they still affect your life.

You could recover compensation for:

  • Physical pain
  • Emotional suffering
  • Loss of consortium, if your injuries impact your relationship with your spouse
  • Permanent disfigurement and scars
  • Amputation
  • Loss of sight or hearing

While a settlement can’t undo your injuries, it can make life more comfortable. Many injured individuals feel a sense of closure when they receive compensation for their noneconomic damages.

Will I have to go to court to win a settlement?

Many accident injury lawsuits successfully settle out of court. Personal injury attorneys are skilled negotiators. They can often anticipate what the insurance company will do next, and can stay one step ahead of them.

A personal injury court case is full of uncertainties, for both you and the insurance company. It is difficult to predict how a judge or jury will react to a case. While it may take some time, many insurance companies will agree to a fair settlement.

And as the injured party, it is ultimately your decision to pursue a trial or not. Your lawyer will advise you of your rights and what the trial process would look like. However, your case won’t end up in court unless you want it to.

How much does a car accident lawyer cost?

The cost of hiring a car accident attorney will vary. Many personal injury law firms offer a free consultation. During this meeting, you can ask about attorney fees and other expenses.

When you discuss payment, here are some questions you may want to consider:

  • Do you charge any upfront fees to get started on my case?
  • If I am awarded a settlement, when is payment due?
  • Do you charge a percentage of the settlement, hourly fees, flat fees, or any combination of the three?
  • If I’m not awarded a settlement, what costs would I be responsible for?

Before you hire an attorney, you must understand their fee structure and your responsibilities.

How long does a blind spot accident lawsuit take?

A motor vehicle accident lawsuit can take anywhere from a few months to a year or more. If you’re injured and have bills that need to be paid, that can seem like an eternity. However, a fast settlement may not be a fair one.

You need every penny that you deserve. When you agree to and receive a settlement, you cannot pursue more money later on. Your payout should cover not just your current accident-related expenses, but any future costs as well.

Certain factors can affect how long your case could take:

  • The severity and nature of your injuries
  • Disputes over which party is responsible for the accident
  • If the crash involved three or more parties
  • You decide to go to trial

Personal injury attorneys are on your side. They work hard to negotiate and pursue a settlement on your behalf.

Do minor injuries qualify for a lawsuit?

It’s a myth that only catastrophic or fatal injuries will qualify for a lawsuit. If your injuries require any medical care, time off from your job, or impact your ability to work or live your life, you should speak with an attorney. That is the only way to know if you have a legal case.

And keep in mind that the term “minor injury” is subjective. A single broken bone can still require multiple surgeries, months of therapy, and keep someone out of work.

Also, it is not fair to compare similar injuries between two individuals. How a specific injury impacts one person can be very different from how it impacts another. Recovery time, medical costs, and appropriate treatments will vary.

Get Legal Help After a Blind Spot Accident

Motor vehicle occupants aren’t the only ones who can be injured in a blind spot accident. Pedestrians, motorcyclists, bicyclists, and mobility scooter riders can sustain injuries when a driver does not check their blind spots.

Motorcycles are particularly susceptible to blind spot crashes. According to the National Highway Traffic Safety Administration, 41 percent of all motorcycle crashes occur when a driver fails to see the motorcycle.

If you or a loved one were injured in a crash, contact a car accident attorney near you to learn about your legal rights.

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