A changing lanes car accident in Florida is a very complex and tricky situation to comprehend and analyze. It is very hard to determine who is at fault in the scenario. The outcome of this situation is very important as it impacts your ability to claim financial recovery after an accident caused by changing lanes. The result of the situation is concluded on the basis of the evidence and facts that are gathered from the place of the accident.
The Person at Fault:
There are 2 situations on how this can occur:
Person Exits Lane Without Enough Room:
In a changing lanes car accident, the person/driver who exits their lane of travel without having enough room to enter another lane on the road is guilty and is at fault. If the driver tries to make a lane change when there isn’t enough room, they will be at fault. It is more the responsibility of the driver to ensure that the lane is clear than it is the responsibility of the other driver to avoid a blind spot. The driver who goes into the travel lane while there is already a car present is to blame for changing lanes.
The driver who goes into the new lane of travel is the one who is at fault while changing lanes. It is the merging driver’s responsibility when one driver is going straight in the lane and the other tries to merge into the lane. The merging driver must be certain that the new lane is clear before proceeding. Despite the fact that blind areas exist, each driver must check for them. When changing lanes, the driver is at fault if they merge into the lane when another car is present.
Law for Changing Lanes Car Accident in Florida:
The Florida traffic rule for changing lanes is Florida law 316.085. According to this law, no vehicle may be driven off the straight path of travel unless the driver has determined that it is absolutely safe to do so. Basically what it means is that the driver is not supposed to shift his/her lane and have to continue their path until and unless he/she is absolutely sure that the vehicle is not being approached or passed by another vehicle in the lane in which they wish to move. Illegal lane changes are a non-criminal moving offense under Florida law 316.085.
Fault for an Unsafe Lane Change Accident:
The witnesses and other evidence in the case typically determine who is to blame for an unsafe lane change accident. In such a situation, usually, the person who tries to change the lane while the lane he/she wishes to move in is not clear is the one at fault. To identify unsafe lane change accident culpability, the challenge arises how to determine which driver made the improper lane change.
The process can be initiated by talking to the witnesses first which primarily are the drivers. Some secondary witnesses might be there as well who were not in the vehicles. Along with that, physical evidence is also very crucial. In accident reconstruction, the location of car damage and road debris might be utilized. Eyewitness accounts can be extremely powerful.
Without a doubt, the driver who is at fault will do everything in his/her power to downplay their action and role in the accident. The driver at fault will try his/her best to prove that he/she is not at fault and will be untruthful in their statements while knowing their fault. You can, however, fight back. You can prove the truth by constructing your case carefully.
Claims for Lane Change Accidents in Florida:
A changing lanes car accident in Florida may result in various legal actions. A traffic penalty may be issued to one or both parties as a result of the accident. You may have a legitimate civil claim regardless of whether the court deems the party liable for the ticket. If the other party is determined to be at fault for the ticket, it can be a good start. In Florida, however, you can file a lane change accident claim regardless of whether the other driver receives a ticket or contests it in court.
How Can We Help:
When you file a claim for a changing lanes car accident in Florida, you have the right to legal representation. Lane change car accident claims are handled by our attorneys and we are accepting new cases. Allow our staff to fight for the reimbursement you are entitled to. At our organization, we strongly believe that each client’s desire to succeed and exceptional legal advocacy abilities are the keys to obtaining the recompense they deserve. For car accident victims in Florida, we provide empathetic and proactive legal counsel. Call right now for a free consultation on your situation.