Car accidents across South Carolina are alarmingly common. The number of collisions caused by negligent driving continues to be on the rise. Figuring out who is at fault for the accident is essential if we hope to recover the fair compensation you deserve.
If your collision occurred due to an unsafe or improper lane change, you might assume that the driver who made the unlawful change is at fault. While this may be the case if they were driving negligently, there are also other parties who could share culpability for your damages.
Contact a reputable North Charleston car accident lawyer from Shelly Leeke Law Firm for a comprehensive investigation and find out who could be at fault for your lane change accident.
Determining the Lane Change Accident Fault
One of the most important responsibilities your South Carolina personal injury attorney with Shelly Leeke Law Firm will have is identifying the cause of your lane change accident. The burden of proof is based on a preponderance of the evidence in accordance with South Carolina Code §15-36-100. This essentially means that the evidence must be clear and convincing that the defendant is, in fact, likely at fault for the collision.
We must show that someone else’s negligence was the cause of your injuries. Failure to make a safe lane change may be the cause of the accident, but so could dangerous road conditions, defective auto parts, and other factors. This is why our team must conduct a comprehensive investigation and never assume liability.
You can expect your South Carolina catastrophic injury lawyer to interview witnesses to the collision, hire accident reconstructionists, and analyze the evidence obtained at the accident scene to determine whether the driver who hit you is actually at fault. You may be surprised to learn that the South Carolina Department of Transportation, local municipalities, or other third parties are partly to blame. This could complicate your case, but when multiple parties share blame, they can also share the financial responsibility for compensating you.
How Lane Change Accidents Occur
An improper lane change occurs when one driver fails to yield to the right of way. The circumstances immediately leading up to the accident will help us determine who is at fault. For example, if you were traveling along I-95 and another driver attempted to merge into your lane without using a turn signal, they may be responsible for causing the accident. This is because you have the right of way, which means you do not need to slow down, stop, or allow another vehicle to come into your lane of traffic.
Another example could be if you were traveling in the right lane of traffic. If a driver was merging onto I-95 while you were traveling in the right lane, it would be up to them to speed up or slow down in order to safely merge. Failure to use a signal or to speed up could be considered negligence and found to have caused your collision.
Both Drivers Can Share the Blame For a Lane Change Accident
It may surprise you to learn that both parties can share liability for the lane change accident. If either involved vehicle was driving unsafely at the time of the collision, it may be more difficult to determine who is at fault, as this could significantly influence your ability to get the most out of your claim. Some of the most common instances in which both drivers share liability for the lane change accident include:
- Using a cell phone while driving.
- Driving over the speed limit.
- Driving recklessly to prevent another driver from merging into your lane or passing you, or vice versa.
- Driving too fast in dangerous road conditions.
- Driving without headlights on during poor weather conditions or at night.
- Operating a vehicle under the influence of drugs or alcohol.
Do not lose hope if the liable party accuses you of being partly to blame. Just because you may be accused of sharing liability for the collision does not mean that you no longer have the right to recover compensation for your damages. You can expect the liable party to blame you, to hopefully reduce their own financial liability.
How Partial Liability Could Affect Your Settlement
Sharing blame for your lane change accident will certainly make it more challenging for you to maximize your financial compensation. While some states prohibit injury victims from sharing liability, South Carolina follows modified comparative fault laws under South Carolina Code § 15-38-15. You are not barred from receiving a settlement as long as your portion of liability does not exceed the 50% limit, but if your liability does exceed this limit, you could lose out on compensation through a personal injury lawsuit.
Even if your portion of the blame is less than the threshold, expect your settlement to be less than you were expecting. Instead of paying you the total value of your damages, the court system will deduct your percentage of liability. For example, if you are accused of driving over the speed limit when you were struck by a reckless driver, the judge might determine you are 25% at fault.
With a 25% liability designation, you will only recover 75% of your award. As can be seen, this has a profound impact on your settlement. That is why it is so crucial to have a car accident attorney on your side who has extensive trial experience and knows how to combat partial liability claims.
Schedule a Free Consultation with a South Carolina Car Accident Attorney Today
Lane change accidents are quite similar to other types of motor vehicle wrecks. We need to investigate, quantify damages, figure out who is at fault, pursue a claim with the insurance company, and potentially fight for your rights at trial. Lane change accidents may allow us to assume drivers who make unlawful lane changes are liable.
Trial experience shows us that government agencies, including the South Carolina Department of Transportation, and auto parts manufacturers or distributors could also share culpability. Do not get so fixated on something that you fail to see the big picture. Anyone and everyone who shares liability for your injuries should be brought to justice, so contact a top-rated South Carolina personal injury lawyer from Shelly Leeke Law Firm to schedule your no-cost, risk-free consultation today.
