Drivers owe a duty of care to others, meaning they need to adhere to the law and do their due diligence to keep others safe, and this includes a driver changing lanes. Their negligence can lead to improper lane change accidents that can result in severe injuries or even death.
Although car accidents and truck accidents involving merging are often straightforward, many car accidents require closer the help of car crash lawyers when establishing fault.
Call Crossen today at 317-401-8626 to speak with a Personal Injury Attorney about securing legal representation for your car crash case.
Determining Fault in Lane Change Accident
Who’s at fault in a lane change accident? The short answer is, it depends.
When a driver fails to practice reasonable duty of care when changing lanes, they’ll be found negligent. They must use turn signals and honor right-of-way laws to avoid accidents.
Committing improper lane changes is driver error which means they are at fault for the accident.
If you were struck by a merging vehicle and the driver was found to be negligent, you can recover compensation for property damage, personal injuries, medical expenses, and lost wages.
Call Crossen Law Firm today at 317-401-8626 for a free case review of your merging accident by an experienced personal injury attorney.
Can Both Parties Be at Fault in a Lane Change Accident?
The majority of unsafe lane change accidents result from the negligence of the person merging, but there are cases in which liability can be shared between the driver merging and the person they hit.
Other drivers may be held liable or found partially at fault if they broke one or more traffic laws during an unsafe lane change.
For example, if the person that was hit by the merging vehicle was speeding or some other type of traffic violation, both the merger and the person in the other lane could share fault.
Indiana uses a comparative fault system, meaning that a person can recover compensation from another driver even if they were found to be partially at fault.
If you were the merging driver, but a driver suddenly sped up to prohibit you from merging, the driver you hit may be found to be 70% responsible.
Although you share 30% of the blame under modified comparative negligence regulations, you may still pursue compensation for the driver’s failure to drive safely.
Proving Fault
Proving your case creates the opportunity to receive damages to cover your vehicle damage and medical bills.
For car accident victims to receive compensation under modified comparative fault rules, they need to prove fault or share less of the blame than the other person.
For example, you would receive more if you shared 15% of the blame than if you shared 40%.
If you’ve been injured in a lane change car accident, speak with one of our car accident lawyers today at 317-401-8626 to discuss your options.
Common Causes of a Lane Change Car Accident
Lane change car accidents can occur for a variety of reasons, many of which stem from driver negligence or external factors.
Some of the common causes include:
- Distracted driving is a significant contributor, where drivers divert their attention to their phones, GPS devices, or other distractions, causing them to miss crucial cues when changing lanes.
- Speeding is another common cause; when drivers exceed speed limits, it becomes challenging to merge safely with the flow of traffic, increasing the risk of collisions.
- Fatigue also plays a role; a tired merging driver often has slower reaction times and impaired judgment, making lane changes more dangerous.
- Poor visibility due to bad weather conditions like heavy rain, fog, or night driving can impair a driver’s ability to see other vehicles, leading to an improper lane change accident.
- Aggressive driving, characterized by road rage or impatience, can result in unsafe lane changes as other drivers make sudden, erratic maneuvers without considering the safety of others on the road.
Call us today at 317-401-8626 to discuss the specifics of your lane change or merging accident with an experienced personal injury attorney.
Steps to Take After a Merging Accident or Unsafe Lane Change Accident
If you find yourself involved in an improper lane change accident, it’s crucial to take specific steps to ensure your safety and protect your legal rights.
Follow these steps:
- First, offer safety by moving your vehicle to a safe location if possible, and checking for injuries among all parties involved.
- Next, call authorities to report the car accident and have a police officer document the scene. The police report will be helpful during the legal process required to seek fair compensation.
- It’s essential to gather information by exchanging contact and insurance details with the other driver(s).
- Make sure to document the scene by taking photos of the involved vehicles, damages, and the overall car accident site, and collect witness statements if available.
- Regardless of how minor your injuries might seem, seek medical attention to rule out any hidden injuries.
- Lastly, contact your insurance company to report the car accident and provide all necessary documentation to start the claims process.
Taking these steps can help ensure a smoother process for handling the aftermath of a car accident claim and securing any compensation you may be entitled to.
If you’ve been injured in a lane change car accident, speak with one of our car accident lawyers today at 317-401-8626 to discuss your options.
Frequently Asked Questions (FAQs)
I had the right of way and another driver decided to change lanes without turn signals. Can I sue?
You may be able to claim damages if your personal injury lawyer can prove the other driver chose to change lanes without using the proper signal.
Proving fault can be complicated by your situation (for example if the driver veered into oncoming traffic or was swerving back and forth between two lanes), so it’s always best to talk to one of our car accident lawyers to discuss your case.
What should I do if the other driver doesn’t have insurance?
If the at-fault driver is uninsured, you should still report the car accident to the police and your insurance company.
Your insurance policy may include uninsured motorist coverage, which can help cover your damages and injuries when a negligent driver decides to unsafely change lanes.
How long do I have to file lane-changing accidents claims in Indiana?
Indiana’s statute of limitations for filing a personal injury claim is two years from the date of the auto accident. It’s crucial to file within this period to ensure your right to seek compensation.
Can I still receive fair compensation if I am partially at fault?
Yes, Indiana follows a comparative fault system, which means you can still receive compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.
Get a free consultation today at 317-401-8626 and discuss your improper lane change accident with our Indiana personal injury lawyers.
Hire an Indiana Personal Injury Lawyer
If you or a loved one were injured in a merging lane car accident, you need to receive the compensation you deserve for vehicle damages, serious injuries, lost wages, and more.
Car accident victims deserve a lawyer on their side to help them handle insurance companies and fight for fair compensation in their personal injury case.
Here at Crossen Law Firm, we’ve helped numerous individuals get the money they deserve, and our car accident lawyers can help you, too.
Call us at 317-401-8626 or contact us here for a no-risk, free consultation. If you decide to hire our car accident lawyers, you won’t pay anything until you win or settle your personal injury case.
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