Unsafe lane changes by truck drivers contribute to catastrophic accidents and injuries. If you or a loved one has been harmed in a commercial vehicle accident involving reckless or improper lane changes, the truck accident lawyers at Wilshire Law Firm will pursue the justice and compensation you deserve. We have recovered over $1 billion for clients. Get started with a free case evaluation today.
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Unsafe Lane Changes May Lead to an Injury Lawsuit
Unsafe lane changes involve driving in a manner that is reckless, negligent, or otherwise dangerous to others who share the road. Some common examples of hazardous lane changes include:
- Failing to use a turn signal when changing lanes can lead to an accident.
- Lane changes that cut off other drivers are reckless.
- Not properly signaling when weaving through traffic can indicate impaired driving.
- Changing lanes on a curve or at an intersection is dangerous.
- Truckers must also be aware of blind spots and check them before changing lanes since traffic around a big rig may hide from view.
Speaking with an accomplished truck accident injury attorney at Wilshire Law Firm can help protect your rights if you sustain injuries in a truck accident due to unsafe lane changes. Our legal team will review your case at cost, discuss your legal options, and work hard to negotiate a settlement or represent you in court when necessary. Without a qualified attorney, you face the defendant’s defense alone.
Lane Change Accident Fault in Truck Injury Cases
The reliable trucking attorneys at Wilshire Law Firm can determine how to present your case to serve your interests best. The first step in developing a claim against the defendant is thoroughly investigating the accident.
This investigation begins with examining the crash site for tangible evidence, interviewing witnesses, and reviewing the police report. To further determine liability, your lawyer will examine your medical records, often with a physician, to understand the severity of your symptoms.
If the plaintiff (injured party) is 20 percent at fault for the accident, your attorney will determine how this will affect the damages you might receive. In this case, the plaintiff would receive up to 80 percent of the damages awarded to them.
Negotiations vs. Settlement in Truck Accident Cases
Settlement negotiations are crucial to resolving your claim. It might be necessary to compromise to arrive at a satisfactory resolution. Your Wilshire truck accident lawyer can assess the situation and give you your options before you decide. The opposing legal team knows your Wilshire Law Firm lawyer is just as comfortable at the negotiation table as in court.
A well-prepared and skilled attorney can present a compelling case that strikes a chord with the trial judge and jury. Developing a strategy for settlement negotiations and trials in unsafe lane change crash cases requires a thorough understanding of the facts and legal issues involved and a comprehensive approach to presenting evidence and arguing the point. With careful preparation and knowledgeable representation, achieving a favorable outcome for clients in these cases is possible.
Investigating Unsafe Lane Change Accidents
Investigating unsafe lane change accidents requires a thorough and systematic approach to collecting and analyzing evidence. This evidence will help establish fault and examine the extent of damages suffered by the injured party.
Here are some steps to investigate an unsafe lane change accident:
- Interview witnesses: Gathering eyewitness statements can be a valuable source of information to understand the circumstances surrounding the accident and the behavior of all drivers involved.
- Collect physical evidence: Taking photographs and collecting debris at the scene is essential for gathering evidence regarding the impact of the accident and any skid marks left behind.
- Analyze video footage: Videos captured on traffic, business or dash cams can show the events before, during and after the crash and the driver’s behavior.
- Review police reports: Reading through police reports may contain details regarding the location of the vehicles involved, the condition of the drivers at the time of the crash, and any citations or arrests made at the scene.
- Conduct accident reconstruction: Accident reconstruction is recreating the incident to determine the speed, direction, and impact force to understand better what happened.
- Obtain medical records: Medical records can provide information regarding the severity of injuries suffered by an individual and the cost of medical treatment needed.
Who is Responsible for Unsafe Lane Change Accidents?
In accidents caused by unsafe lane changes, determining liability can be challenging based on several factors. Here are some elements of the investigation:
- Negligence: To prove liability, a driver who made an unsafe lane change might be negligent in some way. If you fail to signal, forget to check your blind spots, or engage in other reckless driving behaviors, you may be penalized. If the recklessness is egregious, your attorney may request punitive damages. Punitive damages do not compensate the driver directly but are issued to punish the at-fault party.
- Contributory negligence: Both drivers may be at fault in an unsafe lane change accident. For example, if one driver made a dangerous lane change and the other driver was speeding or distracted, it may be considered contributory negligence. That means the injured driver will receive less compensation based on the amount of fault they exhibit.
Ultimately, liability in an unsafe lane change accident will depend on a thorough investigation of the accident scene, witness testimony, and analysis of any available video footage or other evidence. A Wilshire personal injury lawyer can see that a complete investigation happens.
Why Unsafe Lane Change Accidents Occur
Many behaviors are responsible for unsafe lane changes. Identifying these behaviors will help prevent accidents. Frequently, the following factors contribute to traumatic events:
Distracted driving: Drivers using their cell phones or other distractions are prone to unsafe lane changes.
Aggressive driving: Motorists who drive aggressively are at a high risk of unsafe lane changes. Speeding is often an issue with aggressive driving.
Drunk driving: Motorists who drive while inebriated frequently have difficulty staying in their lane.
Poor visibility: If a driver is operating a motor vehicle in inclement weather or exposed to sun glare or poor highway maintenance, the likelihood of unsafe lane changes is high.
Fatigue: If you are too tired to drive, the likelihood of a truck accident increases. A trucker who falls asleep can cause catastrophic damage to others on the road.
Types of Injuries Due to Unsafe Lane Change
It is possible for unsafe lane changes to cause various injuries, from minor cuts to life-threatening conditions. The type of injury depends on many factors, including the vehicle speed and force of impact. Some of the most common injuries are below:
- Whiplash: This injury happens when the upper body moves rapidly forward and backward. It results in stiffness, neck pain, and headaches.
- Traumatic brain injury (TBI): A TBI can cause significant and life-changing injuries, including dizziness, headache, confusion, and memory loss.
- Spinal cord injury: Spinal cord damage can cause problems such as paralysis. Loss of movement and sensation are common, and the degree of each can vary. Disabilities caused by spinal cord injuries can last a lifetime.
- Fractures: Collisions can cause bones to break or fracture, resulting in mobility limitations and pain.
- Soft tissue injuries: These can include bruises, cuts, contusions, muscle sprains and strains.
Internal injuries: These injuries are not always symptomatic within the first 48 to 72 hours.[3] Because of this, the chance of a fatality is high.
Disclaimer: The above injury information should not be construed as medical advice. When injured, visit your healthcare provider or the emergency room immediately, even if you are not symptomatic following the accident. Failing to attend medical appointments may indicate to those representing defendants that you are not as seriously injured as your complaint suggests.
Frequently Asked Questions About Unsafe Lane Changes
What is the most frequent type of accident that occurs while changing lanes and merging?
The most frequent type of accident that can occur when merging or changing lanes is a sideswipe accident. These types of accidents happen when two vehicles try to occupy the same space at the same time, thus striking each other’s side. Common causes include failing to check blind spots before moving into a lane and not properly relying on turn signals. Other possible causes could be tailgating, inattentive driving, or getting distracted while driving.
Why do most lane change collisions occur?
Most lane change collisions occur due to drivers not paying attention or being distracted. Factors like speeding, tailgating, drowsy driving, and lack of awareness of other vehicles in the vicinity can all contribute to a lane change collision. Additionally, improper signaling or failing to check blind spots can also result in a lane change collision. It is important for drivers to take proper precautions and remain alert when changing lanes on the road.
Free Case Review with a Reliable Truck Injury Law Firm for Improper Lane Change Accidents
Now is the time to seek legal representation before the deadline, known as the statute of limitations, expires. The trucking company has a team of lawyers on board to avoid blame. Make the playing field equal. Get started with a free and confidential case evaluation today. Reach out to a personal injury lawyer. Call us 24/7 at (800) 51-3011. Since we bill on a contingency basis, you pay no fees unless you win.
