Changing lanes is something that every driver does on a daily basis, though often without putting much thought into the procedure. However, car accidents caused by irresponsible lane changing can result in catastrophic injuries and significant property damage on the roadways of Pennsylvania. Here, we want to discuss various scenarios and liability issues that arise concerning a lane change accident.
When can a driver be held liable for a lane change accident?
Anytime a driver changes lanes improperly or recklessly and causes a crash, they could be held liable for the incident. Just because changing lanes is relatively common on the roadway does not mean that drivers should take the process lightly. Changing lanes can be tricky, particularly when there is a significant amount of traffic on the road.
There are many instances when a lane change will be considered unsafe. This can include anything ranging from a driver changing lanes without using their turn signal or activating the turn signal after the lane change has begun.
However, even when drivers do use their turn signal properly, there are still various ways in which a lane change will be considered unsafe. At all times during a lane change, drivers must yield the right of way to any traffic in the desired lane before they can properly move that direction. Anytime the actions of a driver cause hazardous conditions for other drivers around them during a lane change, this will be considered an unsafe lane change.
Additionally, changing lanes too quickly or drivers forcing themselves into an area too small for their vehicle to fit when changing lanes will be considered unsafe.
According to data available from the Pennsylvania Department of Transportation, there were more than 13,000 total improper turn related crashes during the latest reporting year. Many of these incidents revolve around improper lane changes.
Proving liability after a lane changing accident
The key component to securing compensation for a victim of a lane change accident will be proving the liability of the other party. There are various ways that a crash victim or their attorney can prove liability following an improper lane change accident. This will include obtaining and analyzing the police report, which may indicate who the police officer deemed to be responsible for the incident and why. Additionally, there are various types of evidence that can be gathered to further prove liability. This includes:
- Photographs taken at the scene of the crash
- Video surveillance footage from nearby homes or businesses
- Statements from eyewitnesses who saw the incident
- Phone records that could show distracted driving
- Chemical tests that could show drug or alcohol-impaired driving
- Vehicle “black box” data
There could be shared liability
Pennsylvania drivers are allowed to opt-in or opt-out of the no-fault insurance system. For drivers who do use the no-fault system, they will generally turn to their own insurance carrier to recover compensation for a lane change accident, regardless of which party caused the incident. However, drivers who opt to follow the traditional fault-based system need to be aware of comparative negligence.
Pennsylvania operates under a comparative negligence system. This means that drivers who are partially responsible for a crash may still be able to recover compensation even if they are deemed to be partly responsible. So long as a driver in an accident is less than 51% responsible for the crash, they can still recover compensation. Drivers found to be 51% or more responsible will be barred from recovering compensation for the incident.
When you need a Philadelphia injury lawyer, you can contact us for a free consultation calling 215.228.0100.