If a driver changes lanes without signaling and causes a side-swipe collision in California, the injured party may have a strong personal injury case. In this situation, the at-fault driver’s failure to signal is a clear violation of California traffic laws, and the injured party can seek compensation for their injuries and damages.
🚗 California Personal Injury Case: Driver Changes Lanes Without Signaling, Causing Side-Swipe Collision
⚖️ Legal Liability
- Violation of California Traffic Laws:
- Under California Vehicle Code § 22108, drivers must signal before changing lanes. Failing to do so is negligence.
- The at-fault driver is considered responsible for any damages caused by their failure to signal, as it’s a direct violation of their duty to drive safely.
- Negligence and Fault:
- In a side-swipe collision, the driver who fails to signal or changes lanes unsafely is typically found 100% liable.
- California follows comparative negligence rules, so if both parties share some fault, the damages would be reduced proportionally.
- Proving Fault:
- The driver who failed to signal is likely at fault, but other factors could influence liability, like whether the other driver was speeding or engaging in reckless behavior.
🩺 Common Injuries in Side-Swipe Collisions
Side-swipe accidents may cause injuries ranging from minor to serious, depending on speed, angle, and circumstances. Some common injuries include:
- Whiplash and neck injuries
- Back and spine injuries
- Fractured bones or soft tissue damage
- Head injuries (especially if the driver or passenger was hit in the head or jerked violently)
- Psychological trauma or emotional distress
💵 Damages You Can Pursue
Economic Damages:
- Medical expenses (hospital bills, physical therapy)
- Lost wages due to missed work
- Vehicle repair or replacement
- Future medical costs (if the injury requires long-term care)
Non-Economic Damages:
- Pain and suffering
- Emotional distress and anxiety
- Loss of enjoyment of life (if the injury impacts activities you enjoyed)
- Disfigurement or permanent disability
📝 Key Evidence to Support Your Case
- Police Report: Ensures the at-fault driver’s failure to signal is documented.
- Witness Statements: Any passengers, other drivers, or pedestrians who observed the accident can help confirm the driver failed to signal.
- Traffic Camera Footage: If available, traffic cameras may have captured the moment of the lane change.
- Medical Records: To document the injuries sustained in the collision.
- Vehicle Damage Photos: Images showing the side-swipe marks or how the vehicles were positioned after the crash.
✅ What to Do Next
- Seek medical treatment immediately, even for minor injuries, to ensure they don’t worsen over time.
- Get the police report and ensure the failure to signal is documented.
- Take photos of the vehicles involved, the crash scene, and any visible injuries.
- Consult with a personal injury attorney, particularly if the injury is severe or the insurance company is offering a low settlement.
- Avoid discussing the case with the other driver’s insurance company without legal counsel.
Law Offices of James R. Dickinson – 909-848-8448
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