Car Accident Liability: Lane-Changing

First and foremost, we will want to make sure you are not hurt after your accident. After we make sure that you are OK, we will want to know exactly whose fault the accident was when you have a car accident liability case. This can be especially tricky when it comes to highways and multilane roads, as these roads typically have higher speed limits and more cars on them at any given time. Many drivers change in and out of lanes at an alarming rate and we will want to know the facts about the accident to help determine who is at-fault in a lane-changing accident. There are a few elements that will be looked at when trying to figure it out.

Liability in Lane-Changing

The driver in a lane-changing accident may be at-fault because of either their negligence or because they violated motor vehicle statutes. There are four primary elements that are involved in a negligence claim after a lane-changing accident occurs.

Breach: Did the other driver change lanes too quickly and without checking first? This would mean they failed to meet this duty.

Causation: Did the other driver’s lane change cause an accident that resulted in your injury, or where you injured because of another matter?

Duty: Did the other driver have a duty of care to drive responsibly?

Damages: Are you able to prove your injuries through current medical records and expenses? Do you have evidence of emotional distress because of the accident?

When you are trying to establish liability in a case, you may also be able to look at the accident report to see if the other driver committed illegal actions to prove that they were at fault. Since almost every state has certain laws that govern lane changes, most also require that drivers should only change lanes when it is safe to do so. Drivers should always “give an appropriate signal throughout the entirety of the lane change”. The other driver does not need to be charged for you to use the evidence of a violation in your car accident liability case.

Talk to an Attorney First

If you believe you have a car accident liability case, call Arata, Swingle, Van Egmond & Goodwin today. We have experienced lawyers standing by who will assist you in your case.