Who is at fault in a lane-change car accident?
Drivers often change lanes without signaling, merge without looking and engage in distracted driving. These negligent behaviors can cause them to strike another vehicle, making them responsible for the lane-change car accident.
As a result, they can be held financially liable for the resulting financial expenses and losses. If you or a loved one was injured in a lane-change car accident, a fort Lauderdule personal injury lawyer can prove the at-fault driver’s actions and document the resulting financial responsibility.
What Is an Improper Lane Change?
If you get a car accident lawyer on your side, they will document the other driver’s actions. Their goal is to prove the elements of negligence (duty, breach, causation, and damages), which ultimately enable you to pursue damages.
They may find that the other driver acted negligently in that they:
- Failed to yield the right of way
- Were distracted and drifted into your lane
- Had road rage
- Passed your car too closely
- Were weaving in and out of traffic
- Were driving while under the influence
This list does not represent every way a lane-change accident can occur. According to Insurance Information Institute (III) research, 3,337 lane-change accidents happened in 2020. Your Miami car accident lawyer will get to the bottom of the cause of your accident.
How to Prove the Other Driver Was Responsible for a Lane-Change Accident
When two cars collide on their sides, it can be more challenging to prove who bears lane-change accident responsibility. Your attorney can identify this party by using:
- The car accident report. It may contain details like points of impact and vehicle speed, as well as notes and diagrams of the crash.
- Statements from eyewitnesses who saw the accident from varying points of view. They can also gather testimonials from accident reconstruction analysts and other expert witnesses.
- Proof of the other driver’s driving behavior. Your attorney could access toxicology reports of their blood alcohol concentration level if drugs or alcohol contributed to the collision.
Your lawyer will build your evidence file, speak to witnesses while their memories are vivid, and order reports that substantiate your right to recover damages from the responsible party.
What Monetary Damages Can I Recover From the Responsible Driver?
The driver responsible for the accident can be compelled to cover your resulting financial damages. Car accident damages can include:
- Current and future medical bills
- Current and future loss of income
- Property damage total property loss
- Lasting disability and disfigurement
- Ongoing physical pain and suffering
- Ongoing mental and emotional distress
- Wrongful death damages, if your loved one passed away
Your lawyer will create a detailed list of your damages and collect evidence that proves their monetary value. Evidence for this portion of your case may include medical bills, job and salary history records, and bills and estimates to repair or replace your car.
How Much Time Do I Have to Pursue Damages?
You have a limited time to sue the at-fault driver after proving their financial responsibility. The statute of limitations varies from state to state, and it can vary based on the outcome of the accident and the age of the injured parties.
In general, Florida sets a two-year time limit for both personal injury and wrongful death cases, according to Florida Statutes § 95.11. Still, the best way to understand your specific filing deadline is to let a car accident attorney determine it for you.
Do I Really Need a Car Accident Lawyer After a Lane-Change Accident?
A lawyer can help you build the strongest case possible and avoid a lengthy trial. Your lane-change accident case does not have to go to court, nor is it likely to do so. In fact, most car accident cases resolve with a settlement.
To help steer your case in this direction, your lawyer will:
- Draft and submit your demand letter
- Field all settlement offers you receive
- Review offers and send counteroffers
Car accident settlements are usually the result of compelling evidence collection, so you can count on your legal team will put together a solid case file. Your lawyer can also explain the feasibility of each offer you receive and help you make a well-informed decision.
Learn How Our Car Accident Attorney Can Help During a Free Consultation
If you or a loved one was injured in a sideswipe or other lane-change accident, it can be hard to prove who was responsible. Our fort Lauderdale car accident lawyer will investigate your case and take on the at-fault driver and their insurance company for you.
The Law Offices of Wolf & Pravato operates under a contingency-fee basis, meaning we will not ask for a payment unless and until we reach an insurance settlement or court award. You can find out more about how we can help in a free consultation. So contact us (954) 633-8270 to start a free case review.
