Who is at Fault in a Lane Change Accident?
Assessing any car accident for fault can be a difficult task. This is especially true with lane change accidents.
Lane change accidents are generally sideswipe collisions meaning that two vehicles crash horizontally. Eyewitness information, police evidence, and other information such as cell phone records may be needed to determine which driver or drivers are at-fault for a sideswipe accident.
Upon investigation, multiple parties may be found liable for a sideswipe collision.
Were the Drivers Following State and Local Traffic Laws?
One of the first considerations in determining lane change accident liability is whether the drivers involved were following state and local traffic laws. For instance, a driver merging onto a roadway is typically required to yield to the traffic stream they wish to enter. In turn, primary responsibility for the crash is likely to rest with the merging driver.
A driver changing lanes must do so safely and according to standard driving protocols. These could include checking any mirrors, making a careful inspection of surrounding traffic, applying a turn signal, and matching the speed of traffic. Otherwise, that driver could be found at fault.
There are cases where a driver in traffic flow could be found liable for a lane change accident. A driver who intentionally prevents another from merging into traffic by acting recklessly or dangerously places everyone on the road at risk. Such a driver may not only be blamed for a crash but also receive a traffic or criminal citation for any resulting accident.
Who Pays for a Lane Change Accident in Arizona?
Determining liability for a lane change accident in Arizona is crucial because Arizona is an at-fault state. In an at-fault state, the driver or party responsible for an accident is liable for any monetary losses or damage.
The victim of a car accident may legally file a personal injury claim against a negligent driver’s insurance company demanding compensation for medical bills, lost wages, loss of future income, pain and suffering, and more.
What if Drivers Share Fault for a Lane Change Accident?
When drivers share fault for a lane change accident, the court must determine the percentage of fault to assign to each driver. Shared fault may be as little as 1% or as much as 99%. Shared fault is based on the evidence presented to the court.
A driver assigned 50% fault or less for a crash may recover monetary damages. However, any award they receive is reduced by their percentage of fault. For example, a driver found 50% at fault will have any damages awarded reduced by half.
Speak with an Experienced Arizona Car Accident Attorney Today
If you or a loved one were involved in a lane change accident, do not wait to speak with an experienced Arizona car accident attorney. To recover compensation for your damages, you must prove that you shared little to no fault for the accident.
A skilled Phoenix car accident attorney from Knapp & Roberts will help collect the evidence needed to prove your car accident claim and represent your interests in and out of the courtroom. Call Knapp & Roberts to schedule your complimentary consultation and start your claim today.
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