Who Is at Fault in a Changing-Lanes Accident in Arizona?
In some cases, the party responsible for a car accident is easy to determine, but that is not always true when it comes to lane-change accidents. With sideswipe accidents accounting for nearly 17 percent of all crashes, according to the Arizona Department of Transportation, that means that thousands of drivers may find themselves involved in crashes where the at-fault party is uncertain.
If you have been involved in a changing-lanes accident in Arizona, the Phoenix car accident lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C., can help you determine who is liable for your injuries and pursue the money you need after a crash. Our Arizona personal injury lawyers have more than 50 years of combined legal experience, giving us in-depth knowledge that we can use to help you seek fair compensation for your injuries.
Get your initial consultation today to learn more about our services.
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Is Arizona an At-Fault State?
When it comes to recovering compensation for your injuries after a car accident, it is essential to know the difference between at-fault states and no-fault states. In no-fault states, a driver injured in a car accident will be compensated for their medical bills and lost wages through their own auto insurance policy unless their injuries meet a certain threshold.
In at-fault states, injured drivers can file a claim against the party who caused the accident to recover compensation for their lost wages, medical bills, pain and suffering, and other damages. Arizona, like most states, is an at-fault state. This means that if you can show that the other driver involved in an accident caused your injuries, you likely have a valid claim for compensation.
Which Driver Is Typically Liable for a Lane-Change Crash?
There is no hard rule that states which driver is liable in a lane-change accident. In at-fault states like Arizona, the available evidence determines liability. The negligent party – and the insurer – will be responsible for paying for losses that result from the crash.
In legal terms, negligence generally means that someone failed to take reasonable care or precautions to avoid injuring or harming someone else. For example, someone who causes an accident after drinking and driving would be considered negligent because they broke the law and injured another driver.
Determining which driver is liable in a lane-change accident can be complex since both cars are moving at the time of the crash, and accidents often occur at high speeds. Broadly speaking, though, the driver who is changing lanes or merging into traffic is more likely to be found at fault for the collision.
Drivers are supposed to check their mirrors and blind spots before changing lanes and make sure that there is room to move and that they are matching the speed of traffic. They must also signal their intentions. If the driver changing lanes does not take proper precautions before moving, they are generally liable in the event of an accident.
In some cases, the driver who was not changing lanes could be held liable for a lane-change crash, such as when they:
- Tailgate a vehicle in front of them to prevent someone from changing lanes
- Speed up or slow down to block a driver from changing lanes
- Fail to adjust their speed to allow a lane change after someone has turned on their turn signal
Is It Illegal to Not Let Someone Merge?
If you notice that someone is attempting to merge into your traffic lane, you should try to move over so they can safely enter traffic or adjust your speed to make their merge as easy as possible. This means that if you do not let someone merge into your lane, you could potentially be held responsible for an accident.
However, drivers who are merging also have a responsibility to do so safely. They should take every precaution before attempting to merge, including checking their rear-view mirror, side-view mirrors, and blind spots.
They should also do their best to match their speed to the speed of traffic in the lane they are moving into so they can keep traffic disruptions to a minimum. They must also turn on their turn signal before moving over. If a merging driver does not take these steps and runs into you while attempting to merge, they will likely be liable for the crash.
Who Is at Fault If Someone Merges Into You?
In most cases, the driver who was attempting to merge is at fault in the event of a crash. As the merging driver is the one who is trying to move into another lane, it is their responsibility to do so in a safe manner. If a driver already in traffic does not allow someone to merge or takes steps to actively prevent a merge, though, they could be held at fault if an accident occurs.
What Happens When a Car Hits You From the Side?
Sideswipe accidents are among the most difficult lane-change accidents to figure out. Generally, it is up to the driver who is changing lanes to make sure it is safe to do so, meaning they may be the liable party in the event of a crash. However, the driver who was not changing lanes could be held liable under certain circumstances, such as:
- Speeding up to prevent someone from changing lanes
- Slowing down to prevent someone from changing lanes
- Cutting another driver off while they are attempting to change lanes
- Otherwise driving in an aggressive or reckless manner
Get Help from an Arizona Car Accident Lawyer
Figuring out who is liable for your injuries after a changing-lanes accident in Arizona is a challenge, but it is easier if you have help from an experienced car accident lawyer. The team at Mushkatel, Gobbato, & Kile, P.L.L.C., is ready to review your case and start working to pursue the compensation you need for your injuries.
Contact our office today for an initial consultation.
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About the Author
Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…
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