Accidents are horrible enough, however, not knowing the rules around an accident is even worse. Lane changing is among the most common causes of auto accidents on the road. Especially on highways and multilane roads, high-speed limits and more cars are prone to getting in accidents. With the rising responsibilities and risks of drivers on the road, it can be even trickier to find out which party is at fault.
Liabilities in Changing Lanes
Liabilities for any accident are sorted into two main categories: violation of motor vehicle statutes and driver negligence. However, filing a claim based on lane-changing negligence is broken down into four additional parts:
- Duty: Was the other driver operating his vehicle responsibly?
- Breach: Did the other driver change lanes without warning?
- Causation: Were you hurt due to the other driver’s negligence?
- Damages: Can you prove your injuries using medical records or primary evidence?
If the other driver was driving illegally, you can use this to determine auto accident liability. Most states, including California, have laws in place they are meant to prevent lane changing accidents. The majority of these laws state that drivers should only change lanes when it is safe to do so. Additionally, they must use the correct signals continuously for a minimum of 100 feet before changing lanes. It does not matter if the other driver was convicted of a crime during the accident. You may still be able to use the proof of the law-breaking to build a civil case.
How to Prove Auto Accident Liability in Your Accident
Even though you may believe you know who was liable for the accident, it can be hard to prove auto accident liability it in a court setting. You will need to obtain proof that the other driver was negligent in the form of eyewitness statements, police reports, and photos of the scene of the accident. You might also need to prove that you did not play any contributing role in the lane changing accident by speeding or something of the like.
Contact the experienced lawyers at Wells, Call, Clark, Bennett, & Clawson if you are considering filing a lawsuit after a lane-changing accident.