In California, if a driver changes lanes without signaling and causes a sideswipe collision, they are typically considered at fault and may be held liable in a personal injury case. This behavior violates traffic law and is strong evidence of negligence.
⚖️ Legal Framework: Unsafe Lane Changes & Personal Injury Liability
1. Violation of California Vehicle Code § 22107
This law requires that:
“No person shall turn a vehicle from a direct course or move right or left on a roadway until such movement can be made with reasonable safety and only after giving an appropriate signal.”
Failing to signal and check for safety before changing lanes is a clear violation, and often amounts to negligence per se—which means liability can be presumed because the driver broke the law.
2. Negligence in a Sideswipe Collision
In a personal injury case, the injured party must prove:
- The other driver owed a duty of care
- That driver breached the duty (by failing to signal or check for a safe lane change)
- The breach directly caused the accident
- The accident resulted in damages (injury, loss, or expense)
If all of the above are shown, the driver who changed lanes unsafely can be held responsible for property damage and bodily injuries.
3. Comparative Fault May Still Apply
If the other driver was speeding, distracted, or also failed to act reasonably, California’s pure comparative negligencerule applies. This means:
- Each party’s share of fault is assessed
- Damages are reduced in proportion to that fault
- Even if you’re partially at fault, you may still recover compensation
🔍 Evidence That Can Help Your Case
- Dashcam footage showing the lane change and impact
- Witness statements from passengers or nearby drivers
- Police report documenting the cause and any citations
- Photos of damage to both vehicles (sideswipe marks)
- Traffic surveillance video, if available
💰 Recoverable Damages in California
If you’re injured in a sideswipe accident caused by a driver changing lanes without signaling, you may recover:
- Medical expenses
- Lost income
- Pain and suffering
- Vehicle repair or replacement
- Loss of earning capacity
- Emotional distress
⏳ Statute of Limitations
- 2 years for personal injury (Cal. Civ. Proc. Code § 335.1)
- 3 years for property damage
- 6 months for claims involving public agencies
✅ What to Do After a Sideswipe Collision
- Call 911 and get medical help if needed
- Request a police report and note whether a citation was issued
- Photograph the scene, damage, and location
- Gather witness contact info
- Preserve any dashcam or onboard vehicle footage
- Contact a personal injury attorney to evaluate your case
Law Offices of James R. Dickinson – 909-848-8448
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