If you are involved in a car accident, you know how stressful the situation can be. Once you have received medical attention, and you are sure your passengers are fine, you will want to know who is at fault. Did someone fail to use their blinker? Did you make sure to check your blind spot? Was someone speeding?
The fact is, roads and highways with multiple lanes usually have higher speed limits, which means you are going to be driving around more vehicles, which will be switching lanes and driving at much higher speeds than on traditional, two lane roads. Also, there are a number of elements that come into play when trying to determine who’s at fault after an accident involving a lane-change occurs.
What to Consider in Lane-Changing Liability Situations?
Fault for a car accident, of any type, can be related to the negligence of a driver, or even a violation of the motor vehicle statutes. In most cases, there are four main elements related to negligence in a lane-changing accident, which include:
- Duty: Was there a duty of care required by the other driver to act in a responsible manner?
- Breach: When the accident occurred, did the other driver not meet the duty, by making a lane change too quickly or doing so without a blinker or check of their blind spot?
- Causation: Did you suffer an injury due to the lane change made by the other driver, were your injuries due to the accident, and not another cause?
- Damages: Is there a way for you to document the injuries you suffered with medical records, expenses or even evidence of emotional distress?
When you are trying to determine liability, you may also make the point that the other driver’s illegal actions are proof that they are to blame. There are laws in place regarding lane changing, and if you can prove the other driver violated this law, then you can recover compensation for your injuries and damages.
How to Prove Liability in an Accident Involving a Lane Change
Even if it is clear to you who was the cause of the accident, the ability to prove this in court can be complicated. You may need to gather quite a bit of evidence, including witness testimonies, photos of the scene, police reports and more. You may also have to prove that you played no role in the cause of the accident.
If you are facing a situation where you suffered an injury due to a lane-changing accident, then the best thing you can do is hire a personal injury attorney. They will be able to review the information related to your case and help you recover the compensation you deserve.