Drivers in Dunwoody have a legal duty to drive safely. That includes changing lanes appropriately. If an improper lane change caused your accident, you might want to work with a Dunwoody car accident lawyer to seek compensation.
Incorrect lane changes cause many accident injuries every year. Sometimes, the accident leads to deaths. But you shouldn’t have to pay for another driver’s carelessness.
Call John Foy & Associates for a free consultation. We have over 20 years of experience, and we won’t charge you unless we win. Call (404) 400-4000 or contact us online to get started for FREE.
Georgia Law on Improper Lane Changes
Georgia Code § 40-6-123 provides rules for drivers when changing lanes:
- No driver should change lanes unless they can do so with “reasonable safety.”
- Drivers must signal before changing lanes. The signal should be long enough to alert both oncoming and rear drivers.
- No driver should stop or suddenly slow down without a proper signal.
- Drivers should use their blinker to show they intend to change lanes.
Also, according to Georgia Code § 40-6-48, drivers should stay within a single lane. They should not move from their lane until it’s possible to switch lanes safely.
If a driver violated these laws before your accident, that can be helpful evidence. The driver’s violation can support your case for financial recovery. But you will need to prove that the driver failed to change lanes correctly.
Proving Fault in Your Car Accident
There are four elements to a personal injury case:
- The other driver owed you a duty of care.
- The driver failed in their duty.
- The failed duty (known as negligence) caused your accident.
- You suffered injuries and damages from the collision.
An unsafe lane change is clearly careless. So, that fulfills the first two points. But you’ll also need to show that the poor lane change led to your accident and damages. Proving the connection will take some work.
It’s best to work with an improper lane changes lawyer. The insurance company or defense will look for ways to undermine your case. In response, your lawyer can help build a strong case. They’ll know how to fight back and negotiate.
Lane change-related accidents often turn into one driver’s word against the other. But a lawyer can help you gather the right evidence. To discuss the details during a free consultation, call John Foy & Associates at (404) 400-4000.
Examples of Improper Lane Change Violations
Some might change lanes incorrectly by:
- Failing to signal
- Not checking their blind spot
- Merging too quickly
- Weaving in and out of lanes
- Changing lanes while speeding
- Trying to pass when it’s unsafe
- Pulling in front of another car and breaking
- Not leaving enough space when changing lanes
Unfortunately, the above actions are common. If an unsafe lane change caused your accident, you’re not alone.
Damages Available to Accident Victims
Georgia law lets you recover damages from the responsible driver in an accident. You can seek recovery through a personal injury claim. If that’s unsuccessful, you can take your case to court.
Damages you might have include:
- Medical bills
- Medication costs
- Vehicle repair costs
- Lost wages
- Pain and suffering
If you were the accident victim, the courts will try to “make you whole.” Ideally, your compensation should put you back into the same financial situation as before the accident. But you will usually need to fight for the full amount you deserve.
You must know all of your damages before filing your case. Otherwise, you could leave money on the table. And you don’t want to get left paying for accident costs that weren’t your fault.
Partial Fault in Car Accidents
Georgia has modified comparative fault laws, which means:
- The at-fault party in an injury accident is responsible for the damages.
- You can recover damages as long as you’re not 50% or more at fault.
- Your financial recovery will be reduced based on your percentage of fault.
For example, say you have $100,000 in car accident damages. You were 5% at fault, and the other driver was 95% at fault. You can recover money for the 95%—or $95,000—you didn’t cause. You would be responsible for the $5,000 or five percent.
Partial fault can make a case really complicated. Also, the other side might try to blame you falsely.
Before admitting any fault, get a lawyer on the phone. You might have no fault at all in the accident.
How a Lawyer Helps an Improper Lane Change Case
Many accident victims choose to work with an experienced Dunwoody lawyer. It’s your right to proceed without a lawyer, but it’s not recommended. These cases are complicated, and the other side will use whatever they can to pay you less—or nothing.
An improper lane changes lawyer will help by:
- Gathering evidence from the accident
- Taking statements from any eyewitnesses
- Calculating all of your damages, including future medical treatment
- Handling the insurance adjusters for you
- Knowing the best legal strategy to use
- Taking your case to court, if necessary
Your lawyer’s job is to get you the fullest recovery possible. You should not have to pay for a cent of an accident you didn’t cause.
Crucial Steps After an Unsafe Lane Change Accident
After your accident, there are things you can do to protect your rights:
- Call 911 to report the accident.
- Get a copy of the accident report.
- Exchange contact and insurance information with the other driver.
- Take pictures of the accident scene.
- Get medical treatment as soon as possible.
- Keep track of all costs from the accident.
- Document anything and everything.
Make sure you file within the deadline. In Georgia, you usually have two years from the accident date, but sometimes it’s shorter. Talk to a lawyer today to make sure you’re on the right track.
Get a Free Consultation with a Dunwoody Car Accident Lawyer
If you need help with your improper lane change case in the Georgia area, the team at John Foy & Associates can take your call. Our office is open to schedule a free consultation. We’ll listen to the details and discuss your best options.
You pay nothing unless we win your case. Call (404) 400-4000 or contact us online for a free consultation.