Image Licensing Protections: An Introduction

Determining Fault When A Car Accident Occurs Due To An Object Blocking Vision

8 June 2023

Judy Alexander

One question arises when a car accident occurs: who is at fault? This question is vital for determining the legal and financial responsibilities of the parties involved. However, the answer is sometimes unclear, especially if the car accident occurred because an object blocked your view.

Types of Objects That Can Block Vision

An object that can block vision for both drivers is any obstacle that prevents either driver from seeing the other vehicle or the road ahead. Some examples are:

• Trees, bushes, walls, or buildings
• Signs, billboards, banners, or flags
• Trailers, buses, trucks, or other large vehicles

These objects can block vision for both drivers either partially or wholly. For instance, a tree might only block vision for both drivers when approaching a curve. 

How to Know Who Is at Fault

To determine fault, you must ask whether either driver acted unreasonably given the situation and whether their actions contributed to the accident. Sometimes, both drivers are at fault for the accident because they breached their duty of care.

However, the fault may not be equally distributed between the two drivers. Different rules may apply depending on where the accident occurred to determine who is at fault. You may be operating under the pure comparative negligence rule, which means that each driver's compensation is reduced by their percentage of fault. 

Other Ways to Determine Fault

You might have to follow the modified comparative negligence rule, which means that a percentage of fault reduces each driver's recovery, but only if their fault is below a certain threshold. 

Other states follow a contributory negligence rule, which means that if either driver is at fault to any degree, they cannot recover anything from the other driver. Fortunately, a motor accident attorney can help you determine what rules you're operating under.

Common Defenses

When an object blocks the driver's vision and a car accident occurs, each driver may have some possible defenses and arguments that could reduce liability. For example, you may argue that you could not have anticipated the object blocking your vision and acted reasonably under those circumstances. For example, you may say that the object was suddenly blown by the wind or fell from a nearby vehicle.

You may argue that the object did not block the other driver's vision or did not affect their ability to see your vehicle. For example, you may argue that the object was too small or too far away to obstruct their view or that they had enough time and space to react.

These defenses and arguments may only be successful in some cases and may depend on available evidence and testimony. Therefore, you should call a car accident attorney who can evaluate the merits of each argument and present them effectively in court or during settlement negotiations.

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