Unsafe Lane Changes
Unsafe lane changes occur when a driver changes lanes in a dangerous way, such as by driving recklessly or failing to check his or her blind spots. This type of behavior can result in unexpected and serious collisions, particularly when they occur at high speeds. Accidents may happen on freeways, highways, and multi-lane roads. If you were injured by another driver’s unsafe lane changes, you should call the seasoned Syracuse car accident lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We’ve sought the best results for accident victims in the courtroom for more than 30 years.Unsafe Lane Changes
Under VTL 1128-a and related portions of the VTL, an unsafe lane changes are those in which a driver driving on roadways laned for traffic moves into another lane without first ascertaining that this movement can be made with safety. Generally, it is expected that a vehicle should be driven as nearly as possible entirely within one lane and avoiding weaving or moving so quickly there is not enough time to check one’s blind spots for cars or other vehicles that may be traveling there. Conviction for an unsafe lane change will result in the driver facing a 3-point violation. In addition to traffic violation fines, he or she may be pursued for damages in civil court when the unsafe lane change results in injuries to you.Liability for Unsafe Lane Changes
You may be able to recover damages if our Syracuse attorneys can establish liability for an unsafe lane change. We will need to prove by a preponderance of the evidence: (1) the defendant owed you a duty to use reasonable care, (2) departure from the duty to use reasonable care, (3) causation, and (4) actual damages. All drivers owe a duty of reasonable care, but it can be breached in different ways. For example, there may have been a breach of the duty to use reasonable care if the defendant was speeding and weaving on the highway to get somewhere and hit your car because he didn’t check his blind spot while making these lane changes.
You should be aware that a defendant’s lawyer and insurance adjustor may try to deflect blame and avoid paying a damages award. To do this, they may look for ways in which you were partially to blame for the accident. For example, you may be held responsible if you were texting and driving and could have avoided the collision with the defendant making the unsafe lane change but were focused on your phone screen instead. Under the doctrine of comparative negligence that New York courts follow, your damages can be reduced by your proportionate share of the damages.Damages
After being struck by a vehicle whose driver was negligent, you may find yourself struggling to pay medical bills. You may be in pain. You may not be able to work. In most cases involving unsafe lane changes and injuries, damages are compensatory, meaning they are intended to put you back in the position you would have been in had the defendant not been negligent. These economic and noneconomic losses may include medical bills, wage loss, out-of-pocket expenses, pain and suffering, and mental anguish. All must be proven with sufficient certainty, making it imperative to talk to a knowledgeable lawyer about what happened to you. We look for all ways in which our clients were harmed, including in intangible ways, in vehicle accidents.Hire an Unsafe Lane Change Attorney
The Syracuse car accident lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys may be able to represent you in a claim for damages based on another driver’s unsafe lane changes. We have more than 3 decades of experience representing injured plaintiffs and we’ve recovered more than $100 million in personal injury awards and settlements. We represent clients in Oneida, Herkimer, Rochester, Auburn, Wampsville, Watertown, Oswego, Lowville, Canandaigua, Lyons, Ithaca, Cooperstown, Utica, Binghamton, and Elmira. We have offices throughout Upstate, New York. Complete our online form or call us at 315-479-9000.