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Can not checking blind spots be negligence if injuries result?

On Behalf of | Apr 3, 2024 | Personal Injury

Negligence often plays a major role determining liability in personal injury cases in Ohio. One area where negligence arises is the failure to check blind spots while driving.

Overlooking blind spots can have severe consequences, leading to accidents resulting in injuries and property damage.

Blind spots

Blind spots are areas around a vehicle not visible in the side or rearview mirrors. They pose a significant hazard on the road and are a part of the driver training curriculum. Failing to check these blind spots before changing lanes or making turns can result in collisions with other vehicles, pedestrians or cyclists. In Ohio, such negligence can be grounds for legal action in personal injury cases.

Legal obligations and duty of care

Drivers in Ohio have a legal obligation to exercise reasonable care while operating a vehicle. This duty of care extends to checking blind spots to ensure the safety of others on the road. Failure to fulfill this duty constitutes negligence, especially when it results in harm to others.

Proof of negligence

The burden of proof lies with the plaintiff to demonstrate that the defendant breached their duty of care. This often involves providing evidence such as witness testimonies, accident reconstruction reports and surveillance footage to establish that the defendant failed to check their blind spot, leading to the collision.

Comparative negligence

Ohio follows a comparative negligence system. Each party’s degree of fault determines the allocation of damages. Even if the plaintiff is partially responsible for the accident due to their actions, they may still get compensation if the defendant’s negligence played a significant role in causing the injury.

In personal injury cases in Ohio, failing to check blind spots can constitute negligence and result in legal liability. By understanding the importance of monitoring blind spots and taking proactive measures to prevent accidents, drivers can contribute to safer roadways for everyone.