Improper lane changes account for thousands of fatalities and serious injuries each year. Also known as sideswipe accidents— who is fault depends upon the circumstances. Further, determining liability often requires a thorough investigation by the police. While the driver making the lane change is generally at fault, the issue is less certain when both drivers attempt it at the same time. It all comes down to which motorist had the right of way.
If this has happened to you, and you are looking for answers, at Douglas & London, our New York City car accident lawyers will protect your interests while holding those responsible for the accident accountable. We can help you obtain the maximum compensation for your injuries.
Talk with an experienced car accident attorney for free!
Lane Change Laws
New York State requires, on roads with
clearly delineated lanes, that a motorist should remain in a single lane and
change only if it is safe. If the driver fails to do this, and an accident
ensues—they are considered negligent. Such negligence is often due to:
- Distracted Driving
- Speeding
- Driving under the influence
- Reckless or aggressive driving
- Not checking blind spots
- Overcorrecting a swerve
In addition, inclement weather and
poor visibility are often contributing factors to these types of accidents.
Types of Lane
Change Accidents
Heavy merging is part of driving in
New York City, so these accidents are common. The most frequent types include:
- Failing to signal
when changing lanes - Cutting off other
vehicles - Trying to cross
more than one lane at once - Moving too slowly
onto a highway from an off-ramp
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Vehicle Damage
When it is unclear who is at fault, the examination of the vehicles involved may reveal liability. A seasoned investigator can look at where each car is damaged—to determine liability. If a surveillance video of the crash is available, that is also crucial evidence for your personal injury lawyer.
What to Do After
a Lane Change Accident
After a crash, get your vehicle to the
side of the road, if possible. If you are not badly hurt, check to see if
anyone is injured and call the police. Take photos with your phone of the
accident scene, including vehicle damage and any skid marks or road debris. Get
the name, address, driver’s license number, and insurance information of the
other driver. If there are eyewitnesses, obtain their contact information.
Even if you do not think you were
hurt, go to the emergency room for an examination. The adrenalin rush occurring
after a car crash can temporarily mask serious injuries.
Do not give a statement to the insurance company until speaking with an attorney. As noted above, a crash investigator needs to examine all vehicles involved in the accident as soon as possible.
Call now for a FREE consultation!
Pure Comparative
Negligence
New York is one of the relatively few states using a pure comparative negligence standard. That means even if a driver is partly at fault for a collision, as may occur in a lane change accident, they may still receive some compensation. The exception is for those motorists deemed 100 percent at fault for the crash.
Keep in mind that the percentage of
negligence is determined by each driver involved in the accident. Thus, if you
are found 10 percent negligent, any compensation you receive is reduced by that
amount.
Contact us at
Douglas & London today
If you were involved in a car accident because another driver negligently changed lanes, the experienced New York City personal injury lawyers at our firm can help. Arrange a free consultation by filling out our online form or calling or texting us today.
We will evaluate your case, and if
warranted, begin an investigation. That may include hiring an accident
reconstruction expert. Because we work on a contingency basis, there is never a
fee unless you receive compensation.
