In Arizona, and throughout the country, unsafe lane changes are responsible for a significant number of motor vehicle accidents. According to a report conducted by the Arizona Department of Transportation in February 2018, 7,729 accidents involving two or more vehicles were caused by unsafe lane changes. As such, drivers must be particularly watchful of the dangers wrought by negligent lane changing activity.
If you have been injured in a motor vehicle accident involving an unsafe lane change, then Arizona law may entitle you to damages as compensation for your losses. Speak with a qualified car accident attorney for further guidance.
Unfortunately, many injury victims are not aware of their rights — they may not realize that unsafe lane changing may qualify as “negligent” behavior that could expose the defendant to significant damages liability.
All drivers must exercise reasonable care (i.e., they must conduct themselves in a manner similar to that of reasonably prudent person) under the circumstances. When a driver violates the duty of care — and in doing so, cause you to suffer injuries — they may be liable for negligence and owe you damages under Arizona law.
In the lane changing context, the duty to act with reasonable care may be violated if the defendant-driver:
Lane change accidents are not always caused by the merging vehicle, however. In many cases, the defendant-driver is occupying the existing lane, and does not react to the merge appropriately. For example, the defendant-driver may speed up in an attempt to cut off the merge. This type of behavior is extremely dangerous and could expose the merging vehicle to a significantly heightened risk of injury.
In Arizona, plaintiffs are uniquely advantaged in unsafe lane change lawsuits. Those who have been injured in an unsafe lane change accident may be able to convince the court that the defendant-driver was negligent pursuant to application of negligence per se. Under negligence per se, the defendant’s violation of a traffic regulation will essentially serve as proof of their negligence — this can make it much easier to establish the liability of the defendant.
In Section 28-729 of the Arizona Statutes, the legislature established rules for driving on roadways with separate lanes. This statute requires that drivers operate their vehicle in a single lane, that they only move between lanes after ascertaining that the lane change can be made safely, and that center lane use be limited under specific circumstances, among various other rules. Violation of these rules is likely to constitute negligence per se.
It’s worth noting that the defendant may have a reasonable argument to counter your injury claim. In Arizona, and elsewhere, if there is a significant risk of injury or death, then the defendant-driver may be absolved of liability despite making an otherwise “dangerous” decision that exposes others to a risk of injury.
For example, if a large object suddenly comes into view on the highway, a driver may have to immediately switch lanes in order to avoid a collision. This merge may be somewhat dangerous and may violate the normal rules of the road. Though it would otherwise be considered negligence, the emergency circumstance cuts off liability.
Importantly, not all emergencies will absolve the defendant of liability in an unsafe lane change accident — only unforeseeable emergencies will act as a liability shield. If the emergency was foreseeable (i.e., if the defendant knew or should have known ahead of time that the lane was dangerous and that they would have to switch lanes), then the defendant can still be held liable for your injuries.
Speak to a car accident lawyer today to discuss your legal options and rights.
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