It’s the driver trying to change lanes who bears the responsibility to find a suitable opening and to make a lane change safely. If an accident occurs, the merging driver would usually be blamed.
However, if you are struck by a driver trying to change lanes, you could still be stuck with the fault. The cause of an accident might not be readily apparent to a California Highway Patrol (CHP) officer. An at-fault driver might not readily admit to making an unsafe lane change.
It’s often up to a skilled California car accident attorney to collect evidence to show that an accident occurred due to the other driver’s mistake. If you have questions about how to prove what happened and how to earn the most support for an injury, contact Maison Law for a free accident case consultation. It’s an informational call without any obligation.
A Legal Lane Change in California
California Law is clear about who is responsible for lane-changing accidents. Drivers needing to change lanes are responsible for doing so without causing swerves, close calls, and accidents.
California Vehicle Code (CVC) goes over the responsibility.
“No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.”
The “appropriate signal” mentioned in the code above is defined in CVC 22108. Drivers looking to make a lane change must signal continuously for at least 100 feet before making their move.
Unfortunately, drivers can make lane changes recklessly (going too fast) or carelessly (not paying enough attention as they merge). These decisions can be anxiety-producing for the safe drivers in other lanes. They must worry about unsafe drivers making a sudden lane change or trying to come over on them.
These are just a few of the ways it can happen.
- Distracted lane changes. Drivers looking at cellphones or dialing up tunes on the radio instead of focusing on finding a safe spot to switch lanes. They can try to merge and forget to check mirrors and blind spots.
- Lane Drifting. Drivers accidentally come over into a lane while they aren’t paying attention to the white lines. An unintentional lane change.
- Merging from an On-Ramp. Drivers trying to enter a freeway (like I-5) or a highway have the responsibility to find room to merge safely. Drivers already on the highway aren’t required to move over and make room.
- Reckless lane changes. Drivers can drive aggressively and make multiple quick lane changes with little room, just for a thrill. They may race through traffic, giving no indicators that they are switching lanes.
- Big rigs switching lanes. Tractor-trailers, delivery vans, and produce trucks can also make lane changes dangerous. They can come over when there isn’t room, causing powerful impacts and even trapping cars underneath trailers.
The Punishment for Reckless Lane Changes
Drivers who carelessly change lanes can face charges of an “unsafe lane change.” A charge can carry between a $200 and $300 fine, but court costs make these fines much more expensive.
They could face even harsher consequences if a “reckless driving charge” is applied. An injury or death caused by a reckless action can even lead to jail time.
And if the unsafe movement causes accidents, drivers should be absolutely on the hook for all costs of the victim’s recovery.
When You May Need a California Car Accident Lawyer’s Help
If your accident involves a serious injury, it’s always a good idea to speak with an experienced attorney before talking to a careless driver’s insurer. A serious injury can include any bone fracture, a neck or back injury, or a Traumatic Brain Injury (TBI).
Find out what your injury case should be worth before insurance adjusters try to convince you that you won’t need a lot in support.
To find out about your best options, take advantage of a free case review with Maison Law.
There’s no obligation for your free case review, but if you feel Maison Law can help you earn more for your claim, you don’t have to worry about having money to hire us. There are no upfront costs. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement money you and your family receive.
