I’ve been driving for seven years now, and like to think that I am not only a confident and competent driver, I also stick to the advice my instructor gave me all those years ago. I’m of the opinion it’s better to be as safe as possible; so whilst “mirror, signal, manoeuvre” is the correct way of doing things, I tend to keep my eye on the mirror and check the blind spots to make sure I’m safe when changing lanes.
But there are still too many people out there who fail to follow the basic principle of “mirror, signal, manoeuvre” – which is why accidents involving people changing lanes are common; especially on roundabouts. So what’s the law when it comes to drivers changing lanes and causing an accident?
Simple Lane Change
Taking the most basic example to look at first, if someone changes lanes in to a lane you are already established in, the other driver is at fault. When you are established in a lane, you have the right of way. It’s the duty of the other driver to check they are safe to move over in to your lane. So if you are the victim of a lane negligent lane changer, you should be able to claim.
Driver Cuts You Up!
What happens if someone cuts you up and changes lanes in to yours right in front of you, causing you to slam in to the back of them if the driver that cut you up then brakes? In principle, the other driver is at fault if they cut you up and then slammed their brakes on – say if they were trying to get round you before some traffic lights or stationary traffic.
The problem though is proving that you were not at fault. If there was literally nothing you could have done to prevent the accident, you should be able to claim – but if the other driver is negligent enough to perform such a manoeuvre, you may have a fight on your hands if they then try and allege that you simply went in to the back of them. In principle, the driver that hits the back of another driver is normally at fault. But in circumstances like this, that isn’t always the case.
It’s worth calling the police for assistance, and hopefully another nearby driver or passerby may have seen the accident and may prove valuable witness evidence to support your claim. If it’s difficult to prove, you may be the victim of a fraudulent defence, or may end up with a split liability situation, like 50-50. This is one huge reason why it is so important to instruct a specialist injury lawyer to fight for your case. Areas of damage on vehicles can sometimes help prove a case.
Roundabouts
Oh so common when it comes to accidents arising from lane changing. Most drivers panic when they realise they are in the wrong lane, and end up quickly changing lanes without properly checking that the lane they are emerging in to is clear. If you are the victim of this kind of road traffic accident, you should be able to make a claim. The same principle applies when it comes to you already being established in the right lane.
So if you are the victim of a lane changing accident, call our specialist injury team now for free advice on 0800 634 75 75.
