Countless injuries and deaths happen daily across the United States due to accidents caused by blind spots or obstructed views negligently created by others. In these cases the view of an oncoming car, truck, motorcyclist or pedestrian has been blocked by the negligent placement or parking of tractor trailers, storage containers, signs, construction fences causing a blind spot or obstructed view
Examples of Obstructed Views Negligently Created:
In many obstructed view cases multiple parties may be at fault in causing the accident. Those parties that created the obstruction or danger, parties or companies that contracted with the negligent party or companies or other that failed to prevent others from creating the obstructed view may be at fault and party to an injury or death lawsuit.
An obstructed view is any item, object or creation that partially or fully impedes or creates a visual obstruction or blind-spot. An obstructed view results in a shortened reaction time of oncoming traffic for the motorist or others. The obstructed view can be due to mad-made or naturally occurring such as with hills, forests, mountains and curves in a road or highway.
Some obstructed view accidents was caused by an 18 wheeler semi truck and trailer parked near an exit to a street or highway. In such cases the tractor trailer’s placement blocks the view of oncoming traffic creating a dangerous blind spot. Those negligent could include the truck driver, his employer, truck owner, and the store or entity that was aware of the dangerous and illegal parking of truckers creating a deadly blind spot for exiting customers and for the motoring public.
In accidents with unmarked dumpsters, storage boxes or parked equipment, many entities may be responsible for creating such a dangerous obstructed view, including the dumpster or storage box company, the transportation company that placed the box, dumpster or equipment and possibly the companies that contracted for the equipment or uses the equipment, storage box or trash container. Additionally many of these boxes, dumpsters or containers are not properly permitted by the city to be parked along the street and have no nighttime reflectors, reflective tape, traffic cones or barricades to prevent these often dark objects from being hit at night.
Commercial stores, fast-food restaurants and businesses are also potential targets of responsibility for the negligent placement of signs, overgrown or tall bushes, hedges that obstruct their customer’s safe view while leaving the premises. In some cases the building or parking lot designer, engineering company or architect may also share some responsibility in not assuring clear sight lines for the traveling public and for customers exiting.
Railroad crossings with obstructed or blocked views can be incredibly dangerous for anyone traveling on the roads. While many railroad crossings are equipped with gates and flashing lights, still 10,000’s of railroad crossing only have wooden railroad X’s or “crossbuck” warning signs. In these crossings the safety of the motorists is dependent on them being able to see an oncoming train.
While trains are required by law to blow the train horn or whistle at least ¼ mile back from each crossing, many times the train crew does not blow the horn the entire ¼ of a mile or only blows the horn when they see a car approaching . The railroad company also has a duty to keep all rail crossings free of trees, debris, parked objects, other parked rail cars and high weeds and bushes. When they fail to have open sight lines and an injury or death occurs then they may be found negligent and an obstructed view lawsuit filed.
If you or a loved one was seriously injured or a loved one killed due to the negligent placement of any structure or object that created an obstructed view, then call our personal injury law firm. Mr. Willis is a Board Certified Personal Injury Trial Lawyer with more than 35 years of experience. Willis has been very successful in obstructed view injury lawsuits injury and death cases and understands the engineering and safety principles that must be evaluated in every case.
In blind spot or obstructed view accident cases, time is of the essence. Immediate accident site photographs and surveys and witness statements may be needed to preserve the obstructed view before any change to the site by removing of the object obstructing the view. In serious cases, this is a must to be able to prove the condition that existed at the time of the wreck or accident.