Accidents are virtually inevitable, and driving on our busy highways often presents instinctive risks. Even if you drive carefully and observe road safety rules, a negligent driver can still hit you.
In Florida, most road accidents happen when two or more cars change lanes simultaneously. Lane-change accidents like these can cause severe injuries and stark damage to property. Moreover, determining fault for such incidents can be complicated.
As such, talking to an auto accident attorney can help you recover maximum compensation in a lane-change accident. The lawyer will review your case using available facts and evidence to help you seek compensation for damages and injuries incurred.
This post explains the assigning of fault in lane-change car accidents and the compensation process in such situations.
Lane-Change Traffic Law
Florida traffic law Statute 316.085 prohibits drivers from changing lanes until they are sure there are no approaching vehicles on either side. This means you can only change lanes when it is safe to do so, without interfering with other cars traveling in the same direction.
Improper lane changes can leave you in trouble with the law. You may pay the penalty for unsafe lane changes, including fines.
In some cases, the authorities may add three demerit points to your driver’s record. Traffic offenders may also have their licenses suspended.
If a negligent driver hits you in a lane-change accident, you and your attorney have to prove beyond doubt that the lane change was unsafe and that the accident and your injuries result from the improper change.
Who is at Fault for a Lane-Change Accident?
Proving fault in a lane-change accident can be complex, especially if it is involving multiple drivers and vehicles. Moreover, the impact of the accident may push the cars involved into positions that make it challenging to determine what happened and who is at fault.
It all comes down to available witnesses, facts, and other evidence. The motorist who changes lanes without a clear or open path is usually at fault for the incident.
A driver must ensure there is enough room before changing lanes. If the driver executes a lane change and causes an accident due to inadequate space on the road, then he is also at fault. The challenge arises when determining who made the improper lane change between the drivers involved in the accident.
Without sufficient evidence, you may not recover maximum compensation. Your lawyer has to prove beyond doubt for you to get full financial recovery for your injuries and damages.
The court and insurance company may have to evaluate which party had the right of way and which driver was negligent. They will also record statements from credible witnesses to get a clear picture of what happened before and after the accident. Witnesses may include passengers, bystanders, other drivers, and pedestrians.
With that in mind, having a lawyer by your side is vital for legal guidance. The lawyer will gather all the facts and evidence before presenting them in court in a compelling way.
The process begins with your attorney visiting the accident scene, talking to credible witnesses, and gathering physical evidence. Photos of the accident scene, your visible injuries, and copies of police reports and medical records can act as evidence to strengthen your case.
Accident reconstruction can also help victims of lane-change accidents get their rightful compensation. With the help of accident reconstruction experts, your attorney can use the location of vehicle damage and debris on the road to determine who is to blame when the party at fault is not apparent. Reconstruction also comes in handy when dealing with conflicting information, or each party has a different version of the incident.
Pursuing Compensation for Lane-Change Accidents
Lane-change accidents fall under the “no-fault” law, meaning car accident victims must turn to their auto insurance policies to file claims. However, if you have severe injuries from the accident, you can sue the at-fault party’s insurer or file a lawsuit against the negligent driver(s).
Both the negligent driver and their insurance company will try to pull all tricks in the book to downplay the accident and absolve blame. You may get a raw deal or lose out entirely if you do not have an experienced lawyer by your side.
Your attorney can help you fight back and argue your case in court by compiling adequate evidence and proving the maximum compensation you are eligible to receive. The evidence presented may include:
- Lost wages due to the accident
- Medical bills costs
- Expenses related to your injuries
- Pain and suffering caused by the injuries
Consult an Auto Accident Attorney for Legal Assistance
Seeking justice and compensation for lane-change car accidents can be long and complicated. Fortunately, with the help of an experienced auto accident attorney, you can recover maximum compensation for your damages. Contact our licensed attorneys today for legal assistance.
