Lane Changing Crash Liability
Car accidents are one of the most common causes of injury in the United States. More than 37,000 people die in auto accidents every year, and another 2.35 million are disabled or injured during the event. Most often, liability is determined by calculating who was most at fault when a collision occurred. When considering who is responsible for the accident, people often look at whose negligence led to the crash, if anyone was the primary cause.
A negligence claim in a lane-changing accident, for example, would include four main factors: duty, breach, causation, and damages. When considering the situation, did the driver owe you a duty of care to drive responsibly? Most people would agree that following the rules of the road is the best way to take care of other drivers and keep them safe. If someone neglected to signal when changing lanes, which is illegal, or did not give you enough time to respond before changing lanes in front of you, they failed in their duty. This failure is considered the breach of duty to you and other drivers on the road. Causation happens if you or your passenger were injured as the direct result of the driver’s lane change. Damages include documenting your injuries by seeing a doctor and obtaining medical evidence the person’s breach of duty led to recorded damage.
Most states have rules and regulations regarding how a person can lane change in order to best keep people safe. Most rules require drivers to only change lanes when it is safe and signal continuously during not less than the last 100 feet traveled by the vehicle before changing lanes.
The tricky part is proving liability in court. Unless you have witnesses or photos, it may just be your word against the other driver’s. Your case may be helped by police reports, or the other person’s driving record if they have a history of erratic driving. Likewise, in some cases, you may also have to prove that you had no part in contributing to the collision, for example by speeding or swerving in response to the other driver.
If you’ve been injured by an irresponsible driver, your best bet is to hire an experienced Las Vegas personal injury attorney. He or she can provide you with excellent representation. The Law Office of Rodney K. Okano is experienced with advocating for victims who have been involved in motor vehicle accidents. Our founding attorney has more than 15 years of experience to offer your case. Our firm has the skills, resources, and attention to detail require to represent you in negotiations or in court aggressively. Attorney Okano will also offer you his full attention during your case, so your situation won’t be passed off to a paralegal. Let us see what we can do for you. Contact us at (702) 903-1446 or fill out our online form to schedule a free case evaluation.