Often, other drivers drive in unpredictable ways which are not safe for other road users, like unexpectedly changing lanes which cause accidents. It is never that easy to prove fault in a car accident like this if you are the victim. The important thing to do after the accident is to talk to the driver and exchange information like contact details and insurers. You will then need to seek medical treatment and start to put together any evidence you can that proves the accident was not your fault.
Example of How an Accident After an Unexpected Lane Change Occurs
Often car accidents from making an unexpected lane change take place because the driver who was at-fault lost the concentration needed for making a lane change and performed the action unexpectedly. Examples of how an accident can take place include:
- the driver is on the highway while under the influence of drugs and/or alcohol;
- the driver is distracted when talking or texting on an electronic device like a mobile phone;
- the driver drives recklessly deliberately and makes an unexpected lane change that causes an accident;
- fatigue causes the driver to lose concentration while driving.
Damages that Might Occur in an Accident Caused by an Unexpected Lane Change
Depending on the speed of the vehicle when the lane change took place the damage that might take placeshould include damage to the vehicle involved in the accident, damage to any personal property in the vehicle and the cost of treating the injuries to the driver and passengers. All of these may be included in a PI claim.
On top of this, you may expect to collect damages for a proportion of the wages you have lost while unable to go to work, and a monetary value placed on the pain and suffering caused by the unexpected lane change accident. Finally, you may be eligible for punitive damages if in the PI claim you have sufficient evidence that the driver went out deliberately to cause the accident by making an unexpected lane change.
How to React in a Car Accident Caused by an Unexpected Lane Change
As soon as the accident has happened you must talk to the at-fault driver and insist on exchanging key information like contact details and insurer’s name. You must get the medical treatment you need as well. You should then begin to put together the evidence to prove who caused the accident. The evidence that comes in most useful in this sort of car accident include:
- eye-witnesses’ written accounts of the accident;
- gaining access to surveillance camera footage, if available;
- getting a medical report and diagnosis from your doctor with expected recovery time;
- getting the attending police officer to provide the police report;
- providing receipts and invoices for medical treatment;
- providing the car repair bill;
- taking photographs of the accident site including the vehicles’ positions and the damage done to them.
Speak With an Attorney
You may believe that you have an obvious case for proving fault in an accident caused by a driver making an unexpected lane change. The at-fault driver’s insurer may not see it in the same way that you do. If you have a PI attorney working on your behalf, it may help you win a higher PI lawsuit claim because the insurer will be less likely to delay deciding about your claim. This means you are far more likely to win a favorable PI claim than if you took on the insurer on your own.