Your safety is our first concern after you are in an accident. Getting to the hospital right away is essential if you are involved in a car accident liability case in order to have the records to back up your claims. After you are out of the hospital and feeling better, we will begin to examine just who was at-fault in the accident. A lane changing car accident liability case is not always that simple to prove, as most highways and multi-lane roads have higher speed limits and heavy traffic. With drivers weaving in and out of traffic all of the time, it can be difficult to determine just who caused the accident. There are a couple of important factors that will go into your liability case if you were hurt because of a lane changing accident.
Four Factors in an Accident
The four factors we will look closely at are breach, duty, causation, and damages.
Breach: Did the other driver fail to meet his duty of checking all around before he or she changed lanes, causing an accident to occur?
Duty: All drivers have a duty to drive responsibly at all times, which the driver who allegedly caused the accident may have failed to do.
Causation: Were you injured due to another driver changing lanes, or were you injured as the result of another driving matter?
Damages: Did you or another passenger suffer injuries that you can prove through medical records? Are you suffering from emotional distress since the accident occurred?
Establishing Liability in a Lane Changing Case
If the other driver committed an illegal maneuver that resulted in a lane changing accident, this may help prove that they are at-fault. Most states have laws concerning changing lanes that all drivers must obey or face penalties or fines. For example, a driver must always signal correctly when they are about to make a lane change or while they are in the process of making a lane change. Even if they are not ticketed because of their actions, you may still use it in a liability case.
If another driver caused an accident over a lane change, call James McKiernan Lawyers today to handle your car accident liability case.