Line of Sight Accidents
Some accidents happen not because of driver negligence, but because a driver is unable to see other vehicles in traffic due to some aspect of the environment. Line of sight crashes happen when a driver's "line of sight" is blocked by an obstruction of some sort, such as a tree, a hedge, or a large sign. If you are involved in an accident and the other driver claims he or she could not see you, it is worth exploring whether there was something blocking the at-fault driver's line of sight. You may have a claim against the party responsible for whatever property was involved. Knowledgeable car accident attorney Nick Feizy can help people in Dallas and the surrounding communities who have been hurt because someone else acted carelessly.Establishing Liability through a Negligence Claim
To prove negligence against an at-fault party, you will need to prove the defendant’s duty, a breach of that duty, causation, and damages. All drivers have a responsibility to others on the road to drive with reasonable care, for example, and a failure to adhere to traffic signals or use appropriate caution at a blind intersection may breach that duty. When a driver is aware that his or her view is obstructed, he or she should use a higher degree of care to avoid an accident.
However, property owners also owe a duty to maintain their property in a reasonably safe condition. They can potentially be held responsible for dangerous conditions that come off their property and create a foreseeably hazardous situation for drivers. For example, overgrown shrubbery that blocks a stop sign can result in a driver not realizing it is necessary to stop and driving directly into a busy intersection. Similarly, if a construction company is working on the road and places its equipment inappropriately, it may obstruct views and cause an accident.
If it is possible that another driver as well as a property owner is at fault for the crash, you should bring a personal injury lawsuit against both parties to recover compensation. In general, it can help to have more than one at-fault party in a case because many drivers do not carry insurance with enough coverage to compensate for all of a plaintiff's injuries in the event those injuries are severe.
Texas follows a doctrine of modified joint and several liability. This means that the jury will determine the total damages and assign each defendant a percentage of fault. If a plaintiff is also alleged to be at fault, the jury will evaluate the plaintiff's degree of responsibility for the accident in relation to the defendants' fault.
Each defendant will only be responsible for an amount of damages equal to his or her percentage of fault. The exception to this rule is that if a defendant is more than 50% responsible for the accident, that defendant may be responsible for all the damages. For example, if the jury determines that the total damages are $100,000, a defendant driver is 50% responsible, and a defendant property owner who allowed shrubbery to obscure a sign is 50% responsible, each defendant will be responsible for $50,000 of damages. However, if the defendant property owner is 75% responsible, it can possibly be held responsible for the full $100,000.Consult an Experienced Dallas Attorney for Your Motor Vehicle Accident Claim
Line of sight accidents can be complex, particularly if they involve negligence by more than one party. If you were injured in a motor vehicle collision in the Dallas area, you should contact an experienced lawyer for guidance. Call Feizy Law Office at (214) 651-8686 or contact us via our online form to set up a free consultation. We also represent accident victims in other Texas cities, including Fort Worth, Irving, Garland, Arlington, and Plano.