Who Is At Fault: Lorry Blind Spot
A lorry did not see you and you are hurt, wondering who was really at fault.
A lorry blind-spot collision is judged like any crash: whoever failed to check properly before turning or changing lane usually carries the fault. A lorry’s size does not automatically clear its driver, and it does not automatically clear the smaller vehicle either.
This page sets out how these crashes are usually assessed, the evidence that decides them, and what to do next. See who is at fault and making a road accident claim for the wider picture.
The typical facts in a blind-spot collision
Heavy vehicles have much larger blind spots than a car, particularly to the rear and along both sides.
- A lorry turning left across a rider’s path without seeing them
- A lorry changing lanes without spotting a car alongside
- A lorry reversing without a spotter or clear view
- A smaller vehicle sitting for too long in a lorry’s known no-go zones
Position at the moment of impact usually explains what went wrong.
How is fault usually assessed?
The court looks at whether the lorry driver checked mirrors and signalled before moving, and whether the other vehicle had a fair chance to be seen. Neither vehicle size nor right of way alone decides the outcome.
If the lorry belongs to a company, a company vehicle accident explains how the employer can share responsibility for its driver’s actions on the job.
What evidence decides a blind-spot claim?
- Dashcam footage from either vehicle, see dashcam evidence
- Junction or roadside CCTV
- The lorry’s own reversing camera or telematics, if fitted
- The angle and position of damage on both vehicles
- The police report and sketch plan
- Any nearby witness accounts
Position evidence matters more here than in most crash types, since blind-spot disputes usually come down to who could actually see whom.
Were you partly at fault?
Riding or driving for a stretch inside a lorry’s known blind spot does not by itself defeat a claim. A court can still reduce compensation for a rider’s own share of fault, for example not wearing a helmet, but never by a fixed percentage.[1]
See how contributory negligence works for the general rule.
What to do at the scene and after
- Get medical treatment and keep every record.
- Lodge a police report within 24 hours.[2]
- Photograph the lorry’s position, its mirrors and the road markings.
- Note the lorry’s company name and registration plate.
- Ask nearby shops or buildings whether they have CCTV covering the spot.
If you were riding a motorcycle at the time, injured motorcyclist covers the wider claim path.
Common questions
Does a lorry's size mean the lorry driver is always at fault?
No. A lorry's size does not decide the outcome on its own. The court looks at whether the lorry driver checked mirrors and signalled, and whether the other vehicle was somewhere it could reasonably have been seen, before deciding whose fault it was.
What exactly is a lorry's blind spot?
It is the space around a heavy vehicle that its mirrors and windows cannot show the driver, usually along both sides, close behind and directly in front. A car or motorcycle sitting in one of these spots for any length of time is at real risk.
Can I still claim if I was riding close to the lorry?
Usually yes. Riding near a lorry is not against the law and does not by itself defeat a claim. A court may still weigh your position as a factor, but this reduces compensation rather than ending the claim outright.
Who pays if the lorry belongs to a company?
If the driver was working at the time, the company's insurer is generally the one that pays a valid claim, alongside the driver's own responsibility. Read [a company vehicle accident](/company-vehicle-accident/) for how this works.
Sources
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)
- AskLegal.my, on Road Transport Act 1987 s.52 (accessed 2026-09-22)