Line-of-sight accidents typically happen when a driver’s field of view is obstructed by a structure or object, making it harder for them to see or be seen by other motorists and pedestrians. When a driver’s view is blocked, the probability of an accident increases exponentially.
Whether you’re a pedestrian, cyclist, or motorist, it is possible to fall victim to a line-of-sight accident. The good news is that you have the right to file a claim for injuries or damages suffered due to line-of-sight accidents.
Nevertheless, these types of cases can be very complex, especially in cases where more than one party is liable for the accident. For this reason, you should seek the counsel of a professional car accident attorney when filing a compensation claim following a line-of-sight accident.
How Dangerous Are Line-Of-Sight Accidents?
Like other motor accidents, line-of-sight accidents can be hazardous. As previously mentioned, these accidents occur when an object or structure on or along the road partially or entirely blocks the field of view. When a driver’s view is obstructed, it can be difficult for them to see other motorists and pedestrians or be seen by them.
Structures such as low-hanging branches, bushes, and overgrown hedges can make it hard for drivers to pick out stop signs along the road or when driving into an intersection. Building materials and construction signs can also block drivers from seeing cyclists, pedestrians, and other motorists, crashing into them.
Other obstructions that may potentially lead to line-of-sight accidents include double-parked vehicles. Likewise, driving next to trucks and other large cars can reduce visibility and heighten the risk of line-of-sight accidents.
As a motorist, it is essential to exercise caution -if your view of the road is obstructed – to avoid hitting other road users.
Who Is Liable In A Line-Of-Sight Accident?
As mentioned earlier, line-of-sight cases can be complex since more than one person might be held liable for the accident. These may include:
The Other Driver
Drivers are expected to adhere to road safety standards at all times. So, even if the other driver’s field of view was unclear, they may still be held responsible if they caused a crash.
With that said, a driver who causes a collision due to obstructed view can only be held partly responsible for the accident.
A Property Owner
Property owners must keep their properties safe by pruning trees and plants that might obstruct road users.
So, if overgrown trees, shrubs, or hedges on a private property obscure drivers’ vision, the property owner may be held accountable.
City, County, or Federal Government Authority
Maintaining road signs and other public resources is the city or county’s responsibility.
As such, a city, county, or governmental agency is responsible for damages if any of these things impair the vision of road users and cause an accident.
Understanding Comparative Negligence Law
The State of Florida follows the comparative negligence rule, which sets the maximum compensation that accident victims can get. Therefore, even if you are partially at fault in a line-of-sight collision, you may be entitled to compensation regardless of your level of responsibility.
Under the comparative negligence law, all the parties involved in a line-of-sight accident are compensated based on their level of negligence. For instance, if the compensation judgment is $100,000 and your degree of culpability is 20%, the court will lower the amount by $20,000 and award you $80,000 in damages.
Consequently, it would be best to speak with a professional car accident lawyer when filing for compensation after a line-of-sight accident. They will help you better understand how comparative negligence works, but they might also help you receive higher compensation by arguing your level of responsibility in the crash.
What Compensation Can You Receive For Line-Of-Sight Accidents?
There are various forms of compensation that you may be awarded as a victim of a line-of-sight accident. They include:
- Lost ability to earn
- Lost wages
- Funeral expenses
- Medical costs
- Pain and suffering
Line-of-sight cases can be pretty complicated, given their nature. So, you’ll need a qualified car accident attorney to help establish the facts of your case and advise you on the kind of compensation you may be eligible for.
In Florida, the statute of limitations for filing a lawsuit in a car accident is four years. And if your loved one dies from injuries sustained in a line-of-sight accident, you have two years from the date of death to pursue legal recourse.
A Final Word
Motor-related accidents are unpredictable events that can happen at any time. However, this doesn’t imply that you can’t seek recourse if you suffer injuries from a line-of-sight accident.
Speak to a car accident attorney as early as possible to begin claiming compensation.