Vision obstructions in intersections can force drivers to take risks if they cannot see what is approaching them. These risky maneuvers can result in serious accidents and extensive damage. Moving through an intersection safely requires an unobstructed view in all directions to accurately determine when it is safe to move. There are circumstances when a driver should take extra care, but doesn’t, leading to severe intersection accidents.
What Is a Line-of-Sight Accident?
When something obstructs a driver’s vision, resulting in a collision, it’s referred to as a line-of-sight accident. At an intersection, such an accident can affect drivers, pedestrians, and cyclists who all converge on the same section of the road. Vehicle density can increase the risk of line-of-sight accidents as there are more possibilities for obstructed vision.
Why Do Line-of-Sight Accidents Happen
There are numerous reasons why a driver’s vision may be obstructed. Firstly, weather-related obstructions such as rain and fog can make it impossible to see more than a few feet in front of you. In this situation, it’s up to the driver to take precautions, such as increasing following distance, reducing speed, and navigating intersections with extreme care.
Other visual obstructions that a driver cannot predict include parked cars and construction equipment. If a driver is unfamiliar with the area, they may also be caught off guard by overgrown shrubbery, road signs, statues, and sharp turns that can obstruct their vision. Drivers in new surroundings must drive cautiously in case they encounter an unexpected obstruction.
Pedestrians, while unpredictable, are a perfectly normal obstruction at any intersection. Any driver knows that you must be on high alert for pedestrians and cyclists at intersections because they may behave in ways that increase the risk of an accident. Another line-of-sight obstruction includes being suddenly blinded by bright sunlight, which drivers new to the area may not be able to predict.
Who Is Liable?
In most line-of-sight accidents, the driver is liable, as it is their responsibility to be aware of visual obstructions and the dangers they pose. However, there are other situations in which a driver is unable to predict an obstruction or navigate it safely.
The Driver
It’s critical to adjust your speed according to your line of sight. If there is heavy rain, plants, trees or bright sunlight obscuring your vision, you must proceed with caution. If you do not take the appropriate steps to minimize the risk of a collision, you may be held liable. Bustling intersections must also be approached slowly, as it can be challenging to foresee what other road users will do.
The City
San Diego is already home to some of the most dangerous intersections, such as those at University Avenue and 4th Avenue in Hillcrest, and El Cajon Boulevard and 36th Street. Unfortunately, subpar or outdated road design can contribute to danger, as it is the city’s responsibility to ensure that public roadways are safe and secure. Liability for line-of-sight accidents caused by sharp inclines, hairpin corners, poorly placed road signs, and construction equipment may lie with the city.
A Third Party
In some situations, a third party may be liable for a line-of-sight accident. For example, if a delivery van is illegally parked too close to an intersection, it can obstruct the vision of other drivers. Therefore, the owner of the delivery company can be held vicariously liable for the actions of an employee. Another driver may also suddenly enter the first driver’s line of sight, necessitating a sudden stop or evasive action.
The Role of Comparative Negligence in San Diego
In California, we use the pure comparative negligence principle, which enables multiple parties to share liability for an accident. For example, if overgrown shrub borders obstruct a driver’s vision, the property owner or city may be responsible. However, when the driver, with sufficient time to slow down and drive around the obstruction carefully, chooses to swerve and speed around it instead, it leads to a collision with a vehicle on the other side.
In cases of shared negligence, the party responsible for trimming the shrubbery may be considered 30% at fault. However, because the driver should have been more cautious, they may be assigned 70% of the liability. To prove that a driver is not negligent, their attorney must provide clear evidence and a compelling argument that explains why the accident was unavoidable. The attorney must then also demonstrate who is at fault and who is liable for compensation.
Legal Support After Line-of-Sight Intersection Accidents
Intersection accidents caused by visual obstructions can be catastrophic. While it is the driver’s responsibility to be aware of potential hazards entering their line of sight, some obstructions are unpredictable. If you have caused an accident due to obstructions, contact HHJ Trial Attorneys. We will assess your situation and determine whether you are entirely liable or if other parties share the blame.
