In California, cutting off another vehicle during a lane change—especially when done abruptly or without signaling—can form the basis of a personal injury claim if it leads to a collision. This conduct typically violates state traffic laws and may be considered negligent or even reckless, making the lane-changing driver liable for damages.
⚖️ Legal Grounds: Lane Change Liability in California
1. California Vehicle Code § 22107 – Unsafe Lane Changes
This law provides:
“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.”
Cutting off another vehicle—especially without signaling or yielding the right-of-way—is a clear violation of this statute and may constitute negligence per se in a civil case.
2. Negligence in a Personal Injury Case
To succeed in a personal injury lawsuit, the plaintiff must show:
- The defendant had a duty of care (every driver does)
- The defendant breached that duty (e.g., unsafe lane change)
- The breach was the proximate cause of the accident
- The accident caused actual harm or damages
🔄 Chain Reaction and Comparative Fault
If the unsafe lane change forces another driver to swerve or brake suddenly, and that leads to a rear-end collision or multiple impacts, the lane-changing driver may still be legally responsible, even if their car was not directly struck.
California’s pure comparative negligence law means:
- Multiple drivers may share fault
- Damages are awarded based on each party’s percentage of fault
- A partially at-fault injured party may still recover compensation
🔍 Key Evidence to Prove Fault
- Dashcam footage showing the unsafe lane change
- Police reports with citations or officer observations
- Eyewitness testimony from other drivers or passengers
- Traffic camera footage, if available
- Skid marks, point of impact, and vehicle damage analysis
💰 Recoverable Damages
A person injured in a lane-change crash may recover:
- Medical expenses
- Lost wages
- Property/vehicle damage
- Pain and suffering
- Loss of earning capacity
- Emotional distress
In egregious cases (e.g., road rage), punitive damages may be considered.
⏳ Statute of Limitations
- 2 years for personal injury claims (Cal. Civ. Proc. Code § 335.1)
- 3 years for property damage
- 6 months for claims involving a public agency (e.g., if a government vehicle was involved)
✅ What to Do After an Unsafe Lane Change Crash
- Call 911 and seek medical attention.
- Get a police report at the scene.
- Take photos of vehicle damage, skid marks, and the crash site.
- Collect contact info from witnesses.
- Preserve any dashcam or surveillance footage.
- Consult a California personal injury attorney to protect your rights.
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].