Establishing fault in a car accident is usually one of the first things that people want to do following a crash. Fault in any car accident can either be tied to a driver’s negligence, a violation of motor vehicle laws, or both.
With 37,133 occurring in 2017 alone, there’s a reason tensions are so high following any type of accident.
But, in a lane-changing accident, fault is frequently harder to establish than one might think. Many questions can be asked from ‘was a blinker used?’ to ‘was someone speeding?’ In lane-changing accidents, speed, blinker use, distance, distraction, or negligence in some other way can come into play when determining liability.
As an attorney, every day I am personally involved in fighting for those who are injured as a result of the recklessness and negligence of others. Injuries resulting from car accidents can be severe and life-changing.
Who’s at Fault in Lane Changing Accidents?
In Illinois, anyone operating a vehicle must follow the proper procedure when changing lanes. Sadly, improper lane changing techniques are a common cause of highway and roadway collisions. Establishing negligence in a lane-changing accident usually involves four related issues:
- Duty. Does the other driver owe you a duty to drive responsibly and safely?
- Breach. Did the other driver fail to meet this duty by changing lanes too abruptly, driving recklessly, or changing lanes without looking?
- Causation. Were you injured as a result of the other driver’s negligence or are your injuries the result of something else?
- Recoverable Damages. Can you establish your related injuries through records for medical treatment, expert testimony, or evidence of emotional distress?
The challenge in a lane-changing accident is establishing the other driver’s recklessness as proof that they were at fault. Laws in Illinois governing lane changes require that drivers give an appropriate signal continuously during not less than the last 100 feed traveled by the vehicle before changing lanes. Even if the other driver was not cited for their non-compliance with this law, your attorney may still be able to use evidence of a violation to establish ‘fault’ and liability.
Proving Lane Change Accident Fault.
Even if it is obvious to you who caused the accident, proving car accident liability in court can be tricky. You may need to prove that you had no part in contributing to the accident – negating claims that you were speeding or swerved.
For best results, victims involved in a lane-changing accident should seek guidance from a personal injury attorney. The complexities of accident liability claims are why you need an attorney experienced in personal injury cases. Do not wait. We help you avoid mistakes that may weaken your case. We ensure that no legal deadlines are missed, advise you on realistic compensation, and keep the case moving forward.
Take a look at our auto accident checklist for recommendations of how to best protect your rights should you be involved in an auto accident.
We Help Victims.
The Attorneys at Friend, Levinson & Turner Law are knowledgeable and expert in representing those suffering injuries from automobile accidents. In particular, lane-changing car accident claims are complex and frequently multi-dimensional.
Insurance companies rely on professional adjusters to negotiate and fight auto accident claims. In order to deal with these professionals, you need a highly-trained, skilled attorney to protect your rights. We know your rights and the applicable laws. We are your advocates. We are experts at negotiating with powerful insurance companies. 50-Years of experience counts.
We make the legal process as stress-free as possible. We focus on recovering compensation for you – while you focus upon your physical and emotional recovery.
If you or a loved one is injured or a victim of an unsafe product or the negligence of others, please call my office at 312-346-8465 or contact us using the form below.