Lane changes can sometimes be a challenging part of operating a vehicle. A driver might need to change lanes so they can make a turn or avoid missing an exit. However, a hasty lane change can be disastrous if the driver forgets to check their blind spot. However, if you were speeding, you might wonder if the other driver will automatically be considered negligent.
Improper Lane Changes
A driver is expected to remain in their lane until they are certain that they will be able to safely complete a lane change. The fact that the driver is about to miss a turn is not an excuse to make an unsafe lane change.
When a car accident is caused by a bad lane change, you will determine liability based on which driver is considered to be negligent. Therefore, the driver would usually be considered at fault when performing a lane change unless the other driver sped up and caused the accident. For example, if you try to block the driver to prevent them from completing a lane change, you might be considered liable.
Why You Need a Negligence Attorney
Because this type of accident can sometimes be complicated, it's important to always consult with a negligence attorney before you take legal action. Liability in a car accident is based less on who is at fault and more on what you are able to prove.
The First Steps to Take
After the accident, you will need to contact the police and wait for them to arrive at the scene of the accident. The police officer will write an accident report, which will include important information such as when and where the accident occurred. After the accident, the police officer might issue a ticket to the driver who performed the improper lane change. However, even if the driver was not cited, you are still allowed to file a claim with the other driver's insurance provider.
A civil case involving negligence has a lower standard of proof than a criminal case. With a criminal case, the prosecutor must prove beyond a reasonable doubt that the criminal committed the crime. However, with a civil case, the plaintiff must only prove that it is more likely than not that the defendant was negligent and that you suffered damages as a result.
A negligence attorney can help you through every stage of the process from gathering evidence to calculating your damages and negotiating a settlement. Contact a local negligence attorney to get your case started.