In California personal injury law, sudden, unsafe lane changes that cause other drivers to swerve and crash can result in significant liability for the driver who initiated the unsafe maneuver — even if their vehicle is not physically struck.
🚨 Legal Foundation
🔹 California Vehicle Code § 22107 – Unsafe Lane Changes
Drivers must not change lanes until it is safe to do so and must signal appropriately. A failure to signal or ensure safety before changing lanes is considered negligence per se (i.e., automatic evidence of negligence).
🔹 Proximate Cause
In California, a person can be held liable for a crash they caused, even if their car was not involved in the impact — as long as their actions were a substantial factor in causing the injuries.
Example: A driver swerves into another lane suddenly, causing a second driver to swerve and collide with a third vehicle. The first driver may still be liable.
⚖️ Comparative Fault in California
California follows pure comparative negligence rules. Fault can be divided among multiple drivers. If the sudden lane change driver is 80% at fault and another driver 20%, damages are awarded based on those proportions.
🧾 Key Evidence in These Cases
To prove fault in a sudden lane change case:
- Dashcam or traffic camera footage of the lane change and crash
- Eyewitness testimony supporting the unsafe nature of the maneuver
- Police reports citing the lane change violation or noting erratic driving
- Expert analysis (accident reconstruction) to show how the lane change led to the crash
- 911 calls and on-scene interviews
🚘 Potential Defenses by the Lane-Changing Driver
- They made the lane change safely and another driver overreacted
- They were avoiding an emergency or obstruction
- They were forced into the lane by another vehicle (e.g., cut off)
- There’s no proof linking their maneuver directly to the resulting crash
🏁 Conclusion
In California, a driver who makes a sudden and unsafe lane change can be legally responsible for any chain reaction or evasive action crashes they cause — even if their vehicle is not hit. Establishing proximate cause and gathering strong evidence is crucial to a successful personal injury claim.
Law Offices of James R. Dickinson – 909-848-8448
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