Car accidents caused by obstructed views are more common than you might expect. When trees, bushes, lampposts, fences, or signs block a driver’s vision and cause an accident, the person or organization in charge of maintaining the property where the accident occurred can be found partially at fault.
Liability for Line of Sight Accidents
In a car accident personal injury claim, typically the only parties involved are the drivers of the vehicles. However, in cases involving obstructed views, the people or organizations in charge of maintaining the area where the accident occurred can also share in liability.
Like drivers, property owners have a duty to take reasonable precautions to prevent others from becoming injured. This includes taking actions such as trimming overgrown trees or bushes, removing debris located near the roadway, and refraining from adding landscaping features that could block a driver’s vision.
While it’s certainly possible that a property owner or occupant can be found liable for an accident involving an obstructed view, his liability is unlikely to totally excuse the drivers of the vehicles from fault. After looking at testimony from an accident reconstructionist, liability would likely be assigned in percentages to the driver or drivers involved and the property owner or occupant.
Under Louisiana law, partially at-fault drivers can still collect compensation for their medical expenses, lost wages, and pain and suffering, as well as any associated property damage. Their recovery is simply reduced by their assigned percentage of fault to reflect their own role in causing the accident.
How an Attorney Can Help
Whenever liability is questioned, it’s vital that you have an experienced personal injury attorney who can represent your interests throughout the process of resolving your claim. Your attorney can gather evidence, find credible expert witnesses, and negotiate with all of the insurance companies involved in the claim to maximize your financial recovery.
Have You Been Injured In A Louisiana Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.