Pulling out onto a busy street with multiple lanes of traffic is tricky. With many restaurants, stores, and entertainment options lined up along McGalliard Road in Muncie, pulling out of parking lots onto the busy road can be stressful at times.
It is not solely on McGalliard where local Muncie drivers can experience heightened anxiety; drivers can also have difficulties pulling out from driveways, advancing through an intersection, or yielding to oncoming traffic. Obstructions such as trees, shrubs, fences, landscape walls, or signs can limit a person’s view of oncoming traffic. At these locations where drivers’ views are obstructed, there must be greater caution exercised to proceed into the flow of traffic.
It can be difficult to determine who’s at fault in the unfortunate event of a Muncie car accident caused by an object obstructing a driver’s view. In certain cases, an injured victim of a Muncie car accident may be able to recover damages not only from the at-fault driver, but also from the owner of the obstruction that contributed to the accident.
Difficulties of Proving Liability
There are difficulties of establishing and pursing a claim based on obstructed views.
- Failure to be Included in the Police Report: It can help your claim if the object that blocked your or the other driver’s perspective is included in the initial Muncie car accident police report. However, these objects do not always get included in the police reports. That is why it is important to include an obstructed view in your official statement to the police and to take your own pictures of the accident scene, if possible.
- Presence of Signs: Indiana refers to the case of Holiday Ramble Corp. v. Gessinger, where a factory plant was determined liable because it was their responsibility to reduce unreasonable risks created by the property’s condition. That is why the several large plants along Highway Three have stop signs and additional warning signs along the roadway to make Muncie drivers aware of the exiting or incoming traffic patterns due to the presence of factories. If signs warn you of potential risks, such as a hidden driveway, it’s up to you and other drivers to proceed with caution.
- Landowners’ Responsibility for Obstructed Views: Previous cases have determined that risks contained solely on landowners’ property cannot be attributed to obstructed view unless it is proven that the risk is also part of the roadway. In the Indiana case of Sheley v. Cross, Margaret Sheley was killed in a car accident with Kimberly Cross at an intersection. Sheley’s family sued the Grossmans, a couple who lived on the property next to the road where the accident occurred. The Sheleys argued that the Grossmans’ crops had obstructed the drivers’ views and contributed to the accident. However, the court ruled that the Grossmans had no duty to avoid creating obstructions that may cause a car accident. Even if you have proof of an obstruction that caused your accident, you may not be able to file a claim against the property owners in every situation.
Consult a Muncie Car Accident Attorney
Do not be discouraged about pursuing additional damages by obstructed views. There are several aspects of a Muncie car accident case to consider and consulting an experienced Muncie car accident attorney can make all the difference.
With several city ordinances and permits that businesses and landowners have to comply with, there are bound to be multiple avenues in which your case can precede. Muncie car accident attorneys at Hensley Legal Group are available for a free consultation regarding your Muncie car accident. Call or contact us online today.