Figuring out who’s responsible for your car accident is a crucial part of any personal injury claim. After all, you must know who to name as the at-fault party in your insurance claim.
If you can’t prove someone’s negligence, you probably can’t file a compensation claim. This may leave you responsible for covering all of your damages sustained in an accident. Some accidents are easy to determine fault and others can be more challenging.
For example, determining liability in a Missouri lane-change accident can be complex but it’s also necessary. If you’re involved in a lane-change collision, here’s what you should know about filing an accident claim.
What is a Lane Change Accident?
Lane change accidents are fairly common and can occur on almost any road that has multiple traffic lanes on it.
However, lane change accidents on freeways tend to be more severe simply due to the higher rates of vehicle speeds. This type of vehicle collision occurs when a driver merges into another lane side-swiping another motorist. While side-swipes are common, an improper lane change can also result in front and rear-end accidents.
Why do lane change accidents occur? There are a few common reasons including distracted or reckless driving. Driver impairment is another leading cause, along with failing to properly check all vehicle blind spots.
Who’s Typically Liable in a Lane Change Accident?
You may believe the driver making the lane change is responsible for causing the accident. In a lot of cases, this is the correct answer but there can be exceptions.
An example can be if a driver uses their turn signal to indicate a lane change but another motorist suddenly speeds up. If an accident occurs, the driver who failed to let the other motorist safely merge may be the one liable for the lane change accident.
If a merging driver fails to use their turn signal, there’s a good chance they’re at fault for the accident. What about if the driver merging doesn’t use their turn signal crashing into a speeding vehicle? Who’s liable for the car collision? In this scenario, both drivers may be assessed for some of the fault.
Understanding Missouri Comparative Negligence Rules
Several states, including Missouri, follow comparative negligence rules. The rule is relatively simple to understand and it can impact a personal injury claim. The insurance rule may not prevent you from filing a claim but it can affect your compensation amount.
So, using the earlier example of a driver failing to use their turn signal and the other motorist speeding. Since both involved drivers are guilty of violating state traffic safety laws, comparative fault probably applies. The rule allows for more than one individual or entity to be held liable for the same accident.
As long as your percentage of fault doesn’t exceed 50%, you should be able to recover some compensation for the accident.
However, your compensation amount will be reduced by your percentage of fault. For example, if the value of your accident claim is $200,000 and you’re assessed 25% of the blame, your compensation amount will be $50,000.
You may be wondering who’s responsible for assigning blame. Usually, the responding authorities indicate fault in the official accident report. The insurance adjuster can also have a say in how much blame you’re assigned.
If you don’t agree with the assessment by law enforcement and the insurance adjuster, you can file an appeal in civil court. No, you’re not trying your accident claim but both sides will need to provide supporting evidence. This evidence is usually your incident report, witness statements, and even testimony from an accident scene reconstruction specialist.
The judge or jury will review the supplied evidence and hand down a ruling. The court can decide to reduce your percentage of fault or keep it the same.
Ensuring You’re Not Unfairly Blamed for a Lane Change Accident
Some accident scenes can be confusing and establishing fault isn’t easy. Thankfully, you can take a few steps to help ensure you’re not assigned more than your fair share of the blame for a lane change accident.
Immediately Report the Accident
Anytime you’re involved in a car accident, even a minor one, it’s a good idea to report the incident immediately to the authorities. Missouri state law is fairly concise when you must report a vehicle accident.
You must report any accident resulting in injuries or fatalities. If property damage exceeds $500, the accident must be immediately reported.
Since most vehicle repair costs, even for a dented bumper, can run over $500, it’s best to be safe and report any collision to the authorities. Yes, this also means waiting at the accident scene for the authorities to arrive.
Not only does immediately reporting an accident help ensure you’re following state law, but it can also make it easier to determine liability. The authorities often have the opportunity to interview the involved drivers and any witnesses. Since all involved vehicles are still at the accident scene, the authorities usually have a better understanding of the incident’s cause.
You’re also going to need a copy of the accident report to file an injury claim. Your accident report should be ready in about 10 business days.
Document the Accident Scene
Even though the authorities are documenting the accident scene, it’s still a good idea to do a little investigative work on your own. Don’t get in the authorities’ way, they have a job to do. However, you can open your camera app and start taking a few pictures.
Try to get some shots of your vehicle’s damage. You also want to get a picture of the vehicle’s position. Where your vehicle ends up after an accident can help establish liability.
If there are any surveillance cameras in the area, make a note of their location. The footage can help prove who’s responsible for causing the lane change accident.
Discuss Your Case with an Accident Attorney
Even if you feel like you’re being assessed fair fault for a lane change accident, it’s still a good idea to discuss your case with an experienced personal injury attorney.
Whether it’s appealing your assigned percentage of blame or negotiating with the insurance adjuster, your attorney can help ensure you receive fair compensation for your lane change accident.
