Anytime a motorist merges without checking their blind spots or making sure the adjoining lane is open, their negligent driving can lead to serious accidents and catastrophic injuries. Every year, thousands of blind spot collisions and side-swipe accidents are caused by improper lane changes. In 2019, according to the Insurance Information Institute, 3,381 people were killed in car accidents caused by drivers who failed to maintain their lane.
If you or a loved one were injured in a Virginia Beach lane change accident, you could be eligible to collect financial compensation from the negligent driver if you can successfully prove fault. To understand more about your options for seeking compensation for damages caused by a lane change accident, contact the experienced Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp today to schedule a free consultation.
Who Is At Fault in a Virginia Beach Merging Accident?
In a Virginia Beach merging accident, the person who initiates the merge is usually at fault. Section §46.2-804 of the state’s Traffic Code states that drivers must ensure it is safe before making any lane change. Before they change lanes, drivers must indicate their intention and check their vehicle’s side and rearview mirrors for any approaching vehicles before changing lanes. Next, they should turn their head quickly and check for vehicles in their blind spot before moving into the adjacent lane. The leading cause of lane change accidents is drivers failing to identify potential hazards.
If your vehicle is hit by a driver who neglected to look before changing lanes, they could be held financially responsible for your injuries and other damages.
If the at-fault driver or their insurer claims that you were partly to blame for the improper lane-change accident, get in touch with a Virginia Beach car accident lawyer right away. Virginia abides by the doctrine of pure comparative negligence when establishing fault. So, according to Virginia law, you can be barred from recovering any damages if you contributed in any way to your own accident.
With more than a century of collective experience, the skilled Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp can protect your rights, block the insurance company’s efforts to shift fault onto you, and ensure that you receive full and fair financial compensation from the at-fault driver.
Is Virginia an At-Fault State for Car Accidents?
Yes, Virginia uses a traditional at-fault system for car accidents. Under the state’s at-fault system, the individual considered to be at fault for an accident is legally liable for any ensuing injuries and damages. In other words, if you sustained injuries in a Virginia Beach lane change accident, you may be entitled to obtain financial compensation from the negligent driver.
The commonwealth requires drivers to purchase the minimum levels of insurance coverage listed below to cover any damages they cause in the event of a car accident:
- $25,000 per individual for death or bodily injury
- $50,000 per accident for death or bodily injury
- $20,000 per accident for any damage to property
If the driver who caused the accident is underinsured or uninsured, you might have to file a claim against your personal UM/UIM motorist coverage to receive compensation for your damages. If you happened to purchase supplemental insurance policies, like medical payments coverage or collision coverage, you may be able to claim compensation from your own provider in this situation.
How is Fault Determined in a Virginia Beach Lane Change Accident?
Determining fault is essential in Virginia Beach lane change car accidents. Depending on the specific details of your crash, any of the parties listed below could be liable for establishing fault:
- A jury or judge: If your improper lane change accident case goes to court, a jury will apportion fault after hearing testimony and examining any relevant evidence. If someone is entitled to damages, the court will determine how much is to be awarded.
- Insurance adjusters: If either driver files a claim following an improper lane change accident, the insurance company will send an adjuster to investigate. Adjusters usually study eyewitness statements, police reports, and evidence from the scene of the crash to allocate fault and decide whether or not the insurance carrier is required to pay damages.
- Law enforcement: If a Virginia Beach lane change accident leads to property damage or severe injury, local law enforcement officers will respond to the scene to render aid to the victims and conduct an investigation. The responding officers usually draft a vehicle accident report, which contains official statements pertaining to fault. While their opinion carries a certain amount of weight, law enforcement officers are not actually tasked with determining fault.
Are Virginia Beach Drivers Required to Let Someone Merge?
While letting another driver merge into your lane is certainly gracious and polite, that does not mean you are obligated to do so. When your vehicle occupies a lane, you have the right of way within that lane. You’re not obligated to let another driver merge into your lane, especially if allowing them over would endanger you or other road users.
The driver trying to merge is legally liable for ensuring a safe lane change, even if that means slowing down. If you are driving inside of a specified lane, you have the legal right of way inside that lane. Other motorists must wait until it is safe to join the lane either behind you or in front of you.
If a driver merges into a lane without first checking to make sure the lane is open or signaling their intentions, they could be found at fault for an improper lane change accident.
Shapiro, Washburn & Sharp
The Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp have been defending the rights of those injured by improper lane changes since 1985. One example of this is the $2.4 million settlement we achieved for the family of a man who died when the car in which he was riding was clipped and overturned by a tractor-trailer driver making an improper lane change.
If you have legal questions pertaining to a recent Virginia Beach lane change accident, contact Shapiro, Washburn & Sharp today by calling (833) 997-1774 or by filling out our quick online contact form to schedule a free consultation with a member of our team.
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Andrew Stover limits his law practice exclusively to personal injury law. Andrew is a member of the American Association for Justice, the Virginia Trial Lawyers Association, and the Virginia Beach Bar Association.
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