In Georgia, an improper lane change occurs when a driver switches lanes in a way that puts motorists at risk of an auto accident. This may occur when a driver fails to check their blind spots, drives aggressively, or tries to cut in front of a vehicle. When someone is harmed due to this reckless behavior, Georgia law allows victims to demand compensation for their injuries and losses. If you were hurt in or around Douglasville, a car accident lawyer at Sherrod & Bernard, P.C., can help you fight for full and fair compensation.
Arrange a free consultation with our Douglasville injury attorneys today.
What is an Improper Lane Change?
Improper lane changes occur every day and everywhere. Georgia law states that drivers must use their turn signals every time they want to change lanes. In addition, any road that is divided into two or more lanes requires all vehicles to use a single lane.
Drivers must also look around to ensure they are leaving enough room between themselves and other vehicles on the road. They are expected to be aware of rear traffic and use good judgment before changing lanes.
There are certain places where lane changes are not allowed. It’s unlawful to change lanes in construction zones, when passing a school bus, and in other no-passing zones. Any time drivers make lane changes in these areas, it is considered an improper lane change.
What Are Examples of Improper Lane Changes?
Several driving errors can contribute to an improper lane change accident, including the following:
- Failing to signal – Not signaling before entering another lane is particularly hazardous. When a driver does not signal their intention to switch lanes, other motorists may not know when to adjust their speed or position on the road to avoid a collision.
- Changing lanes at intersections – There’s a reason that traffic laws prohibit drivers from switching lanes while passing through intersections. Navigating intersections safely requires careful attention. A driver who tries switching lanes while passing through an intersection can confuse other motorists whose attention is focused elsewhere.
- Driving between lanes – Some motorcyclists engage in “lane splitting,” a term for driving between lanes of traffic, to save themselves time and hassle. However, a motorcyclist passing other vehicles through a narrow space can cause an accident if they lose control of their bike.
- Not checking blind spots when merging – Every vehicle has a specific area that’s hidden from the driver known as the blind spot. It is important for drivers to check their blind spots before turning or changing lanes. When drivers do not check their blind spots, they might accidentally sideswipe or merge into other cars.
What Causes Improper Lane Changes?
Drivers must be cautious when changing lanes. When they do not change lanes safely, collisions can occur. Common causes of improper lane change accidents include:
- Heavy traffic – Heavy traffic patterns can increase the risks of switching lanes. Motorists are more likely to drive slower and change lanes often while trying to move ahead in traffic.
- Aggressive driving behaviors – Drivers who are aggressive or reckless may change lanes without considering the safety of other drivers nearby.
- Speeding – Driving too fast, particularly around curved roadways, increases the likelihood of a vehicle entering a nearby lane and colliding with another vehicle. Additionally, switching lanes at high speeds may not give other drivers enough time to react. This is particularly true when both vehicles are changing lanes.
- Driver fatigue – Drowsy driving can result in slower reaction times and poor judgment. As a result, drivers may drift into nearby lanes and crash into other vehicles.
- Being unfamiliar with the road – If a driver does not know the layout of a road, they may not be able to anticipate curves, narrowing lanes, merge points, and entry ramps. This can result in improper lane changes, which can lead to accidents.
How Much Is a Ticket for an Improper Lane Change in Georgia?
The penalties for making an improper lane change in Georgia are significant. Drivers may face a maximum fine of $1,000. They will also have three points added to their driver’s licenses, which could result in even more penalties in the future if more points are added. For example, if a driver accumulates 15 points on their license within a period of two years, the license will be suspended. Offenses that result in points added to a license remain on a person’s driving record for seven years.
Traffic school may not be required for an improper lane change offense on its own. However, drivers with multiple offenses on their records may choose to attend traffic school to reduce a violation.
In addition to criminal citations, drivers who injure or kill others in an improper lane change accident may face civil penalties through a personal injury or wrongful death lawsuit.
Who Is At Fault If Someone Merges into You?
Georgia law states that a vehicle must be driven entirely within a single lane whenever possible and cannot move out of it until the driver has confirmed that they can complete the maneuver safely. Someone who merges into a lane that you were already in has violated this law and is likely responsible for a resulting collision. A traffic citation can help you prove the other driver was at fault. However, a good lawyer can establish the other driver’s liability, even without a traffic ticket, by gathering evidence and reviewing it with the help of reconstruction experts.
You should also know that Georgia follows a comparative negligence system where fault can be assigned to multiple people involved in an accident. Under this system, an injured party can still recover compensation for a collision they partially caused – for example, by speeding into a driver who was improperly changing lanes at the time. However, they can only recover money if their assigned fault is less than 50 percent. The money they do recover will be reduced by their percentage of fault.
Who Is At Fault in a Sideswipe Accident?
Sideswipe accidents occur when a vehicle veers out of its lane and into another nearby. Often, these accidents involve side-to-side contact between cars rather than front-to-rear. Fault in sideswipe accidents depends on which driver fails to maintain a lane as required under Georgia law. Evidence like traffic camera footage, eyewitness accounts, and collision damage can establish which driver initiated the crash.
Is the Driver Who Changed Lanes Always at Fault?
The driver who changes lanes is almost always at fault for causing a crash. However, there are exceptions. For example, if the driver changed lanes to avoid a more pressing hazard – like a car that suddenly spins out in the lane ahead of them, then the person responsible for that hazard might ultimately be to blame. As another example, a driver who checked their blind spots and signaled their turn would likely not be at fault for hitting a speeding driver who roared up behind them without warning.
Who Is At Fault in a Lane-Change Accident?
Lane-change accidents are some of the most common types of blind spot accidents. A lane-change accident occurs when a driver changes lanes without properly checking their surroundings or signaling their intent to move into another lane and then collides with another road user.
When it comes to lane-change accidents, the following parties are most commonly at fault:
- Distracted drivers who are texting, talking on the phone, eating or drinking, engaged in personal grooming, rubbernecking, or daydreaming
- Drivers who are excessively fatigued, drunk, high, or otherwise impaired by legal or illegal drugs or medications
- Inexperienced drivers who may have underdeveloped judgment skills or limited familiarity with right-of-way conventions
- Reckless or aggressive drivers who are speeding, lane weaving, tailgating, or otherwise endangering the safety of others on the road
In most lane-change accidents, the driver who initiates the lane change is responsible. This is because drivers who change lanes are expected to ensure they can change course safely before moving into a new lane. However, this is not always true. If another road user involved in the accident was violating local traffic laws, they might also share a portion of the responsibility.
When it’s unclear who is at fault for a lane-change accident, law enforcement agencies, insurance representatives, and attorneys typically conduct investigations to better understand what happened. Useful evidence in a lane-change accident investigation may include:
- Police accident reports, which often contain information like toxicology test results and the officer’s opinion about fault
- Photos of vehicle damage or skid marks at the accident scene
- Video footage of the accident from nearby traffic or security cameras
- Testimony from eyewitnesses who saw what happened and professional accident reconstruction specialists
Where Do Improper Lane Changes Happen Most Often?
An improper lane change accident can occur on any road with two or more lanes. However, these collisions are more common on highways. This is because drivers often fail to properly check their blind spots. They are also traveling at high speeds, giving them less time to stop to avoid a crash.
Other places where improper lane change accidents occur include:
- Hills and curves – Improper lane changes occur on hills and curves, often due to reduced visibility. When a driver cannot see around the curve or above a hill, they may unknowingly drift into another lane and collide with a vehicle.
- Intersections – Improper lane change accidents happen quite often at intersections, as many drivers attempt to switch lanes quickly while making turns. Congested intersections in high-traffic areas also increase the risks for drivers.
- Work zones – Work zones are often heavily congested and complicated by reconfigured lane markings. Drivers trying to navigate these areas may be surprised to realize that they have to change lanes quickly – if they notice the changed lanes at all.
- On multi-lane roads during inclement weather – Bad weather can make roadways more challenging to navigate safely. Heavy rain and fog bring reduced visibility, slick road conditions, and other dangers that can cause drivers to mistakenly enter nearby lanes and collide with other vehicles.
If you’ve been hurt in a crash anywhere in Georgia, make sure to contact an experienced car accident lawyer for help.
What Should You Do If a Driver’s Improper Lane Change Causes an Accident?
The steps you should take after an improper lane change accident include:
- Move to a safe place – You should never leave the scene of an accident. If possible, move your vehicle to a safe place so you do not cause a secondary crash.
- Call the police – In Georgia, you must report any accident that results in injury, death, or property damage over $500. A police report may provide valuable evidence in any future claim you file.
- Document the scene – You should take as many pictures of the accident scene as possible. Take photos of all vehicles involved, including their license plate numbers and other environmental evidence that might be relevant. It’s wise to get shots of your injuries, both after the accident and during your recovery.
- Gather information – You must exchange information with the other driver(s). Write down their name, contact information, and insurance information. Also, make sure you get the names of any eyewitnesses and their contact information. Witness statements can carry substantial weight in car accident claims.
- Seek medical attention – If your injuries are urgent, you should call emergency services to the scene immediately. Otherwise, see your doctor as soon as possible after the crash. This is important to not only ensure that your health is taken care of but also to prevent disputes with the insurance company when filing a claim for compensation.
- Call an experienced car accident lawyer – An insurance company is not your friend after a crash. It’s very likely that they will try to push the blame for the accident onto you to avoid making a fair payout. A knowledgeable Georgia car accident lawyer won’t let them take advantage of you.
Just as it is essential to take certain steps after your accident, there are also important things you should not do. Never admit fault, and do not agree to provide a recorded statement or sign documents until you have spoken to a lawyer.
What Evidence Can Support Your Claim?
Proving fault after an improper lane change accident in Georgia and calculating fair compensation requires substantial evidence. Some key pieces of evidence might include:
- An official police report highlighting the actions leading to the accident, ground conditions, and other related factors
- Statements from unbiased eyewitnesses
- Any available surveillance footage or dashcam footage capturing the accident and events leading up to it
- Police-issued traffic citations for improper lane changes and other violations
- Medical records for the injuries resulting from the accident and the treatment they required
- Pay stubs, tax returns, and other documentation showing lost wages
- Mechanics’ reports and repair estimates proving the extent of vehicular damage
- A detailed personal journal that shows the impact of the injuries on a victim’s physical and emotional health and their enjoyment of life
Acting quickly to seek legal guidance will give you the best chance of gathering compelling evidence for your case.
What Compensation Is Available for Victims?
Victims of improper lane change accidents in Georgia can seek compensation for the harm they’ve suffered, including:
- Medical expenses – This includes the costs for immediate medical care and future medical treatment.
- Lost wages – Compensation is available for any lost earnings from spending time off work to recover.
- Lost future earnings – This covers the future income a victim cannot earn because injuries affect their ability to work or continue in their career path.
- Pain and suffering – Victims can seek compensation for their physical pain and emotional suffering. This includes any discomfort, distress, and physical limitations resulting from the accident.
- Loss of enjoyment of life – Compensation can be claimed for lost quality of life resulting from an accident. This includes the impact injuries have on the ability to work, spend time with others, perform tasks, or engage in hobbies.
- Property damages – Victims can demand reimbursement for the costs of repairing or replacing their vehicle.
The total amount of compensation you are able to recover depends on the specific circumstances of your accident. An experienced attorney can review your situation and provide you with a better understanding of the laws and the potential value of your case.
How Can a Car Accident Attorney Help?
A car accident attorney can help you in many different ways following an improper lane change accident in Georgia, including by:
- Evaluating the details of the accident to determine the best legal strategy for pursuing compensation
- Using their experience and resources to gather evidence for your claim and calculate what you’re owed
- Negotiating with the insurance company for a fair out-of-court settlement
- Representing your legal rights and best interests inside and outside of the courtroom
You must act quickly to give yourself the best chance of protecting your rights and holding the negligent driver accountable. The sooner you start working with your attorney, the more they can do on your behalf.
Our Georgia Car Accident Lawyers Can Help with Your Claim
If you’ve been injured in an improper lane change accident in Georgia, you have rights. The Douglasville car accident lawyers at Sherrod & Bernard, P.C., can help. We know how crashes can drastically impact victims, threatening their lives, livelihood, and well-being. We’ll craft a claim that details what happened, who is at fault, and why you deserve full and fair compensation.
With more than 30 years of experience helping car accident victims across Georgia, our team knows how to help you pursue maximum compensation for what you’ve suffered. You should not be left suffering in the aftermath of a car accident someone else caused. We want to help you get every penny you deserve for your medical bills, lost wages, damaged property, and pain and suffering.
Questions? Call or contact us today for a free consultation.
