Although changing lanes is permitted under California law, it is crucial to exercise caution when doing so. In traffic accidents involving a vehicle changing lanes, the driver of that car may be liable for the damages if their action resulted in a collision. However, this depends on the circumstances of the crash.
In this article, you will learn about liability in accidents resulting from vehicles changing lanes and how to protect your rights in such cases.
Is Lane Changing Legal in California?
Lane changing is legal in California. However, under Vehicle Code 22107, drivers are not allowed to change their path or move sideways on roadways unless under the following conditions:
- It is safe to do so
- The driver has given the proper signals.
Note that this law can apply to two scenarios: when drivers change lanes or maneuver their vehicle to the right or left from its center position.
When violating this law, a driver may face several legal consequences, including:
- A fine of up to $238.
- An accumulation of one point on their DMV driving record.
- Possible increased insurance rates for several years.
Moreover, if a driver accumulates 4 points within 12 months, 6 points within 24 months, or 8 points within 36 months, their license may be suspended. However, a California DMV hearing is required before authorities can suspend your license.
Can I Change Lanes in an Intersection?
There is no specific law prohibiting changing lanes at intersections in California. While not against the law, switching lanes within an intersection is not advisable. Instead, use the SMOG technique whenever you are executing lane changes, turns, or any other lateral movement with your car:
- Signal: Use your turn signal to indicate that you intend to proceed.
- Mirror: Look in your side and rearview mirrors for oncoming vehicles.
- Over-the-shoulder check: Checking over your shoulder will allow you to see whether traffic is following or coming up from behind your car.
- Go: After making sure it’s safe to travel laterally, continue forward with your movement.
When changing lanes, it is best to accelerate slowly. Remember that you travel slower than the other vehicles because you move sideways.
Who Has the Right-of-Way When Changing Lanes?
The driver has to give way to any oncoming traffic in the lane they want to change into. This implies that the vehicle in the lane has the right-of-way and that the driver changing lanes is responsible for making sure merging is safe.
While changing lanes, keep the following safety tips in mind:
- Use your turn signal to always indicate that you want to change lanes. This lets other drivers know that you plan to make a maneuver.
- Before changing lanes, check your side and rear view mirrors to make sure there are no cars in your blind zones. Also, keep an eye on the surrounding traffic.
- Check your blind spots. This will ensure that no car is moving somewhere your mirrors can’t see.
- Aim to keep up with the traffic flow in the lane you are entering. Avoid sudden or fast lane changes, which can scare other drivers.
- Remain focused on the road and steer clear of distractions when changing lanes.
- Don’t change lanes until there is a safe space in the traffic. Hurrying to merge can result in collisions or disputes with other vehicles.
Can I File a Claim for a Car Accident Resulting from Changing Lanes?
Generally, an injured victim may file a claim for a car accident if the crash results from another driver’s wrongful actions. So, if the driver’s action of changing lanes caused the collision, they may be liable for the crash.
When filing a car accident claim, you must prove that the other driver’s negligence directly caused the collision by demonstrating the following:
- The driver was responsible for ensuring that all road users were safe.
- They neglected this duty.
- The breach caused an accident.
- The car crash resulted in injuries and other damages.
Who is Liable for Lane Change Accidents?
Several parties can be liable for lane-changing accidents depending on the circumstances of the crash. Usually, you can file a claim against the following individuals when involved in auto crashes involving vehicles changing lanes:
The driver changing lanes
The driver may be held accountable for the collision if they change lanes unsafely, such as neglecting to examine blind areas or improperly signaling.
For instance, you were driving in an adjacent lane when another vehicle abruptly veered in front of you without any signal. You failed to avoid the collision since you did not anticipate their movement. In this case, the driver changing lanes should be accountable for the damage expenses of the crash.
The driver in the adjacent lane
The driver in the adjacent lane may be held accountable for the collision if they are speeding, driving carelessly, or failing to yield to the oncoming car. While they have the right-of-way, they should allow vehicles to change lanes, especially when they are in the process of moving into the traffic.
Let’s say you decided to change lanes. Since there was ample space between you and the oncoming vehicle and you made a signal for your movement, they sped up while you were changing lanes. Unfortunately, you collided with the other vehicle since you were already going into the desired lane.
In such a situation, the driver in the adjacent lane should be responsible for the crash since they accelerated despite seeing your vehicle changing lanes.
Shared Liability
If both drivers exhibited careless behavior that resulted in the lane-change incident, both may be held partially liable in certain situations. In California, injured involved individuals may file a claim regardless of how much they contributed to the crash. So, if you and another driver share liability, you may still pursue a case.
For example, you decided to change lanes. However, you forgot to signal your desired movement. Even if you had enough space to move, the other driver failed to see you because they were distracted by their phones while driving. In such a case, you and the driver share liability in the lane change accident.
While it is possible to file a claim regardless of how much you contributed to the crash, you may receive a reduced settlement. In the same scenario, if the court finds you 30% responsible for the accident, you may claim 70% restitution. On the other hand, the other driver may also contend for a 30% settlement.
Identifying the responsible party in a lane-change accident can be intricate. The uncertainty associated with lane change often leads both parties to question their liability. In such scenarios, seeking guidance from an auto accident lawyer in California is advisable. They can meticulously review the case details, assess relevant facts, and ascertain the liable party for the incurred damages.
Lawyer’s Tip: Even if the accident results from another driver’s negligence, the court may dismiss your case if you lack evidence to support your claim. It is best to contact a car accident lawyer who can gather proof when proving your case.
What Damages Can I Include in My Car Accident Settlement?
If you are involved in a lane change accident, you may seek restitution for several damages to maximize your claim. However, you must ensure that these damages apply to your situation.
- Economic damages are quantifiable losses that can be proven by documentation like receipts and invoices.
- Non-economic damages comprise intangible losses such as emotional distress and diminished quality of life resulting from the accident.
- In severe or intentional misconduct by the at-fault party, punitive damages may be awarded by the court as additional restitution.
| Economic Damages (financial losses) | Non-Economic Damages (non-monetary losses) |
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While calculating your overall compensation may seem straightforward, several issues may hinder you from receiving a fair settlement. For instance, how can you quantify non-economic losses? When can you contend for punitive damages to maximize your claim?
An auto accident lawyer in California can help you seek fair compensation, assess the intricacies of your case, and determine the total damages of the crash.
How Can an Auto Accident Lawyer in California Help Me?
It is challenging to handle lane change accidents. What happens if the other driver’s insurance provider insists you are at fault for changing lanes despite knowing the other driver caused the accident?
With the help of an auto accident lawyer in California, you can win your case as they use their skills, expertise, and resources to collect evidence and prove liability. They can also do the following steps to secure a favorable claim outcome:
- Gather evidence to bolster your case.
- Determine the liable party’s responsibility.
- Evaluate the complete scope of damages incurred.
- Communicate with the insurance company on your behalf.
- Initiate legal proceedings if necessary.
Why Choose an Auto Accident Lawyer in California from Jacoby & Meyers
At Jacoby & Meyers, our unwavering dedication lies in assisting accident victims in attaining the justice they deserve. We extend our commitment to our communities by facilitating access to essential medical care for those affected by accidents.
Our legal team has streamlined an effective process to ensure you are well informed about your legal entitlements and receive the justice you deserve. Our devoted team of legal professionals delivers exceptional service by:
- Maintaining transparent and open communication throughout every stage of your case.
- Skillfully negotiating with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as advised by your healthcare provider.
- Providing support for any other accident-related concerns to alleviate your anxieties.
- Safeguarding your legal rights by establishing liability, assessing damages, and vigorously advocating for your claim.
We offer a complimentary consultation where you can receive legal guidance from experienced auto accident lawyers in California. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
While many legal firms make similar claims, we can offer solid legal support to our clients. As a result, we invited our previous clients to share their positive experiences with our legal services.
“Had the best experience using their services for the first time. I didn’t know what I was getting myself into. Thankfully, I was in the right hands. They kept me updated on my case from beginning to end. I highly recommend them! Satisfied client!” – Maria
Frequently Asked Questions
Do you have further questions regarding wrongful death claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
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Works Cited
“Know the Road with the CHP: Can I change lanes in an intersection?” ABC30, 21 February 2020. Accessed 10 April 2024.
“Rules of the Road | California Drivers Ed Classes.” Rules of the Road | California Drivers Ed Classes | My California Permit. Accessed 10 April 2024.
“Section 22107 – Turning from direct course or moving left or right upon roadway, Cal. Veh. Code § 22107.” Casetext. Accessed 10 April 2024.
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