Lane-Changing Car Accident Liability
Establishing fault in a car accident is usually one of the first things that people want to do after getting into a crash. But usually fault is harder to establish than one might think. Many questions can be asked from “was a blinker used?” to “was someone speeding?”. In lane-changing accidents, speed, blinker use, distance, distraction, or negligence in another way can all come into play when determining liability.
According to Findlaw, a negligence claim in a lane-changing accident would include elements such as:
- Duty: Did the other driver owe you a duty of care to drive responsibly?
- Breach: Did the other driver fail to meet this duty, by changing lanes too abruptly or without looking?
- Causation: Were you injured as the result of the other driver’s lane change, and were your injuries the fault of the car accident, and not something some other cause?
- Damages: Can you document your injuries, through medical records, medical expenses, or evidence of emotional distress?
In Florida, the lane-changing law, Statute 316.085 states that:
Injured in a car accident? Call Attorney Mike Hancock at 813915.1110 for a free consultation.