Understanding Liability in Lane Change Car Accidents in New York: Queens Car Accident Lawyers Explain
The most dangerous motor vehicle maneuvers are those which place a vehicle in the forward path or right-of-way of another vehicle. This is why intersections and left turns are intersections are some of the most dangerous and deadly maneuvers. However, lane changes are also one of the most dangerous and deadly maneuvers. This is particularly true on fast-moving highways or thruways throughout New York and around NYC, Long Island, and northern New Jersey. Lane change car accidents can result in serious or catastrophic personal injuries, especially with large commercial vehicles like 18 wheelers, tankers, or other big rigs. Not only can victims be seriously injured, but innocent people may be wrongfully killed in some of the most catastrophic of collisions.
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , we know that victims and their families who have been seriously injured or wrongfully killed in lane change car accidents need an advocate to protect their rights. Our trained staff and experienced lawyers can work with your treating physicians to build your damages claim to determine the extent of your injuries both now and in the future. Our aggressive lawyers will also work with police, first respondents, and may call on liability experts to help establish the fault of the defendant. If you or a loved one were seriously injured, or if a loved one was wrongfully killed, ask our personal injury lawyer how we can help protect your rights to compensation.
Liability fo Improper Lane Changes Causing Queens Car Accidents
New York law requires all motorists to use reasonable care in the use or operation of their motor vehicle. This is the default, common law (or judge made law) standard that all motorists must comply with to avoid unnecessary harm. There is also statutory law (or legislatively-made law) which must be complied with. The failure to comply with either the common law or statutory law could result in liability for a defendant.
Under the common law, a reasonably prudent driver would not make a lane change in such a manner that it would cause a motor vehicle accident. When a driver makes a lane change and collides with another vehicle, it is likely that he or she has violated the common law and is liable to victims due to his or her negligence.
Under statutory law, a driver who makes an unsafe lane change causing a car accident is also violating New York Vehicle and Traffic Law section 1128 (a). This section of law governs driving on roadways land for traffic, and provides that “[w]henever any roadway has been divided into two or more clearly marked lanes for traffic . . . [a] vehicle shall be driver as nearly as practicable entirely within a single land and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.” When a driver makes a lane change which results in a car accident, it is likely that he or she has not made a lane change that can be done safely and therefore this section of law is violated. Victims injured can use this violation to automatically establish liability against a defendant under the doctrine of negligence per se.
Get Our Queens Car Accident Lawyers on Your Side
Victims injured in lane change car accidents should ask our lawyer how we can help protect their rights to compensation under New York law. Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , we do not charge any upfront money to being representing victims in serious or catastrophic car accidents. We accept causes on a contingency fee agreement meaning that victims only pay us after we recover money for them. Learn more how our legal team can fight for your rights by calling 800-247-8164 for a FREE case evaluation or use our convenient and easy-to-use contact us box available here.