Car Accident Attorneys | Lane Change Car Accidents
Eisenberg Law’s Car Accident Attorneys Explain Liability In Lane Changing Cases
Once we come to our senses after an accident and ensure everyone is safe, our thoughts might turn to insurance claims and liability. In the case of lane changing accidents, liability might be determined by the speed of the vehicles involved in the accident, whether turn signals were used, and whether the driver checked the blind spot.
How Car Accident Attorneys Prove Liability In Lane-Change Accidents
Fault or liability in a car accident is typically tied to driver negligence or violations of the state’s motor vehicle laws. Negligence claims in car accidents, including lane-changing accidents, must take into account four elements: Duty, Breach, Causation, and Damages. Car accident attorneys must prove these elements in order to win a car accident liability case for their clients.
- 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 or caused by something else?
- Damages: Can you provide documentation of your injuries, through medical records, medical expenses, or evidence of emotional distress?
Wisconsin State Statute 346.07 dictates when and how a driver may pass and clearly specifies that a driver cannot do so until it is safe. Likewise, the vehicle that is being passed must yield to the one overtaking it until it has been completely passed. This second part of the statute is important because it opens up the possibility of the driver who was passed being found liable for an accident if he or she sped up to prevent the other driver from passing them.
Proving Liability in Lane-Changing Accidents Requires Help
Even if fault for the accident seems obvious to you, there are many nuances in the law that can make proving liability difficult. There’s also the need to provide different kinds of proof to back up your arguments. The accident attorneys at Eisenberg Law Offices are skilled in litigating lane-change lawsuits and ascertaining liability for accidents. If you have been involved in a car accident and want to pursue the matter in court, contact our team at 608-256-8356 or email Info@EisenbergLaw.org to schedule a free consultation.