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Who Is At Fault In a Car Accident Involving a Lane Change?

by theskfeed
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Even though a myriad of traffic laws exist to prevent vehicular accidents, thousands of accidents still occur every day because drivers do not follow them properly. With an increase in the number of vehicles on the road, there has been a proportional increase in the number of accidents throughout recent years. 

Lane changing is one of the many domains in driving where accidents are possible if drivers are not careful enough. Even if you are extremely careful and follow every traffic regulation to the letter, there is always someone on the road who will not. This recklessness, whether intentional or a temporary lapse in judgment, can cause harm to everyone on the road.

Liability In Lane Changing Accidents

At least one-third of the car accidents that take place each year are caused due to the violation of traffic rules while switching lanes. While it might seem straightforward, it is not always easy to establish liability in case of lane changing accidents. Contacting a knowledgeable car accident attorney at Rutter Mills in Virginia will help you determine who was liable for your collision with another vehicle. There are many variables involved in lane change accidents, which make each case different from each other.

Over speeding, incorrect or absent use of blinkers, distracted driving, and driving under the influence are a few of the many causes of such accidents. Drivers who do not check their mirrors or wait for the lane to be clear before turning contribute to these accidents.

Who Is At Fault?

It is essential to prove negligence on the part of the offending driver to obtain monetary compensation for damages. From the legal point of view, it is looked at through four lenses:

  1. Each driver on the road owes the others a duty of care to drive safely. 
  2. The driver who was responsible for the accident breached this duty of care when he/she changed their lane without attention to traffic rules.
  3. You were directly affected either as physical or property damage as a result of the other driver’s behavior.
  4. You can quantify and determine the exact damage caused as physical injuries or damage to your car, etc., which can be recovered as monetary compensation.

Your Liability

More importantly, it is vital to establish that you did not act irresponsibly and that the accident did not result from your actions on the road. In lane change accident cases where both drivers are equally responsible, both parties share the liability and, therefore, part of the damages caused.

In the case of shared liability, the court will determine the percentage of the accident for which you are responsible. Any monetary compensation is, therefore, awarded accordingly.

Compensation

If you can successfully prove that you were not at fault for the lane changing accident and that the other driver disobeyed the traffic rules, you might win monetary compensation. It can help pay for medical bills, physical and emotional damages, damage to your car, and wages lost due to the recovery period, etc.

You can hire a personal injury lawyer who can guide you through the pursuit of a lawsuit and accepting or rejecting any preemptive settlement offers.

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