In California, if a lead driver suddenly changes lanes without signaling, causing a rear-end collision, they may be held partially or fully liable for the accident. This is due to violations of specific California Vehicle Code sections and the state’s comparative negligence laws.
⚖️ Legal Framework: Liability for Sudden Lane Changes
1. Violation of Vehicle Code § 22107 – Unsafe Lane Changes
According to California Vehicle Code § 22107, drivers must ensure that lane changes are made with “reasonable safety” and must signal before moving. A sudden lane change without signaling is a violation of this statute and can be considered negligence per se, meaning the driver is presumed negligent due to the violation.
2. Violation of Vehicle Code § 22108 – Failure to Signal
Vehicle Code § 22108 requires drivers to signal continuously for at least 100 feet before changing lanes. Failing to do so can contribute to liability in a rear-end collision, especially if the lack of signaling led to the following driver’s inability to react in time.
3. Comparative Negligence in California
California follows a pure comparative negligence system. This means that if both the lead and following drivers share fault, liability is apportioned based on each party’s degree of responsibility. For instance, if the lead driver failed to signal and the following driver was tailgating, both may be found partially at fault.
📄 Evidence to Support the Claim
To establish liability, the following evidence can be crucial:
- Police Reports: Documentation of the accident and any citations issued.
- Witness Testimonies: Statements from other drivers or pedestrians who observed the lane change.
- Dashcam or Surveillance Footage: Video evidence showing the lane change and the surrounding circumstances.
- Event Data Recorder (EDR) Data: Information from the vehicles involved, such as speed and braking patterns.
- Expert Testimony: Accident reconstruction specialists can analyze the scene and provide insights into the cause of the collision.
💰 Potential Damages
If the lead driver is found liable, the injured party may be entitled to:
- Medical Expenses: Costs for treatment of injuries sustained.
- Lost Wages: Income lost due to the inability to work.
- Property Damage: Repair or replacement costs for the damaged vehicle.
- Pain and Suffering: Compensation for physical and emotional distress.
- Punitive Damages: In cases of egregious conduct, additional damages may be awarded to punish the wrongdoer.
✅ Steps to Take After the Accident
- Seek Medical Attention: Even if injuries seem minor, it’s important to get checked by a healthcare professional.
- Report the Accident: Contact local law enforcement to file a report.
- Gather Evidence: Collect photos, videos, and contact information from witnesses.
- Consult an Attorney: An experienced personal injury lawyer can help navigate the legal process and ensure your rights are protected.
Law Offices of James R. Dickinson – 909-848-8448
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