The Question of Fault in a Lane Change Accident
Every day, car accidents occur on Northern California highways and roads. In many of those cases, liability, or fault, can be determined somewhat easily. For instance, you may be aware that in most rear fender-bender cases, the trailing car will be found at fault. When accidents occur during a lane change, however, it can be a challenge to determine which driver did not yield the right-of-way.
Lane Change Accidents are Common
Accidents often occur when one or more vehicles are attempting to change lanes. To move safely from your lane of travel to another, extra caution is required, especially when traffic is heavy. Unfortunately, not all drivers take precautions before moving into a new lane. Some of the common reasons for a collision to occur during a lane-changing maneuver are:
- Decreased visibility
- Failure to properly check blind spots
- Aggressive driving
If your vehicle has been struck by another whose driver did not perform their due diligence, there may be ways to establish liability. If an independent witness stops to give a statement about the accident, that will go a long way towards establishing fault. Many cars are equipped with dash cams, which can also prove what caused the accident. A skilled personal injury attorney should be able to investigate the facts and gather evidence to determine whether fault on the part of the other driver can be proven.
Proving liability in a lane change accident becomes even more challenging, if not impossible, when both vehicles are in the process of changing lanes when the collision occurs.
Watch the YouTube video with tips on how to change lanes safely.
California and Comparative Negligence
Because there is often a question of liability, accidents that occur during a lane change accidents can be difficult to litigate. The investigation could result in a conclusion of shared liability. If, for instance, a witness said you were speeding, and the other driver changed lanes in front of you, the fact-finder in the case could determine that you share a portion of the blame.
California is a comparative negligence state. That means that if you are found to have some fault in an accident, your portion of any settlement will be reduced by the percentage of fault that you share.
Let’s say in the example given above, the court finds that your speeding was 25% of the cause of the accident. The other driver’s unsafe lane change was 75% of the cause. If you successfully sue and the appropriate settlement amount is determined to be $100,000.00, you would only be awarded $75,000.00. The remaining $25,000.00 would be deducted on the basis of your 25% liability.
Find an Experienced Lawyer You Can Trust
Because there are often difficulties figuring out liability in a lane-change accident, insurance adjusters many times will take the position that you are at fault in all such cases, even though the facts may show otherwise. A skilled personal injury lawyer can do a thorough evaluation of the facts and advocate on your behalf to not only protect your legal rights but to maximize your recovery from any settlement reached.
Sacramento Personal Injury Lawyer
Hello. Thank you for reading. I’m Ed Smith, and I have been a personal injury lawyer in Sacramento advocating for injured Northern Californians for 38+ years. Especially when proving liability is a challenge, experience counts. Call us to speak with one of our dedicated injury lawyers. Depending on the facts of your case, we may be able to help you reach a settlement with the other driver’s insurance. If appropriate, we can set up a no-obligation consultation to go over the details of your potential case. In any event, we are happy to provide compassionate, free, and friendly advice. Our phone number is (916) 921-6400. We also have a toll-free line if you will be calling from outside the local area code: (800) 404-5400. You may also reach us online.
Photo Attribution: https://pixabay.com/photos/traffic-locomotion-roadway-mobility-3612474/
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