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Hit while changing lanes, whose fault is it?
Anonymous3 views4 answers
I was driving in the left lane and changed lanes to the middle lane. I signaled and there was a wide gap for me to change lanes. The car in the middle lane sped up as i was changing lanes and hit me. I'm assuming he had sped up because he did not want me to change lanes infront of him. Theres a dent to the right side of my car close to the tire and back bumper. The driver has damages to his left side head light and minor scratches on the side of his vehicle. Whose fault is it? Mine for thinking he was aware of me switching lanes and letting me in? Or his for speeding up while I am already in the lane? Please help!
Most states have rules of the road statutes which address scenarios where an accident occurs during a lane change. Generally you are supposed to make certain you can safely change lanes before doing so. However, the other driver is generally required to drive in a reasonably safe manner to avoid a collision. There may be shared liability here. You should report the incident to your insurance as well as the other driver's insurance. If you are injured seek appropriate medical attention and consult with an experienced attorney in your area. Good luck to you.
report that accident to your insurance company. Seek medical attention. Contact an experienced attorney for a free consultation.
Daniel Buttafuoco
www.1800NowHurt.com
I can't speak specifically to KY law, since I practice in CA, but at least under CA law, you have an obligation to change lanes only when it is safe to do so; thereafter, others must yield to you. In the end, it may be a situation where a jury must decide who to believe (who is more credible), but generally speaking I would agree with other counsel that a jury may find shared liability.
This can be answered simply by looking at the Kentucky statutes.
In Kentucky, the operator of any vehicle on a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of other vehicles on the highway (KRS 189.290).
A person shall not move a vehicle right or left on a roadway until the movement can be made with reasonable safety nor without giving an appropriate signal. The signal indicating the intention to turn right or left shall be given continuously for not less tan the last 100 feet traveled by the motor vehicle before the turn (KRS 189.380).
In this case, the facts appear to indicate that the other vehicle did not change lanes and that you wanted to change from your lane into the other vehicles lane in front of the other vehicle. While you signaled your intention, you apparently did not see the other vehicle increase speed when you moved your vehicle into the other vehicle's lane as you stated that you assumed he sped up. You had a duty to watch out for other vehicles before moving your vehicle. The dent was on your car's right side and the other vehicle's left side, not to the front nor back of the vehicles. It is therefore clear that your move was made without reasonable safety, and that you caused the collision. It is not relevant what the other driver was thinking, including not allowing you to change lanes in front of him.
