Drivers rarely think that they will be involved in an accident when they drive. However, unfortunately this is not always the case. Changing-lane accidents are quite common. They occur when there is one vehicle in a lane and another merges into the same lane. If the driver who is doing the merging fails to undertake the lane change safely it will be this driver who is likely to be held responsible for causing an accident. This is because s/he has been driving negligently because of the failure to pay proper attention when the changing lanes took place.
What is an Auto Claim?
It is unfortunate if you are involved in an accident caused by a driver making a wrong decision about a lane change but it may be possible to file for compensation from the at fault driver through a personal injury claim. If the claim is successful, the victim of the accident caused by the at-fault driver making the wrong decision when changing lanes should get all medical treatment paid for, repairs to the damaged vehicle, an amount for pain and suffering and compensation for lost earnings. When the pain and suffering calculation is made, it includes both the pain caused by the accident as well loss of enjoyment in life. If the victim can prove the accident was caused by the driver being negligent, punitive damages may also be included in the PI claim.
Why You Need a Police Report
The first action you should take after the accident has taken place when a driver made the wrong decision when making a lane change is to call the police. This is because the insurer of the at-fault driver considers that a police report is one of the most important bits of evidence when deciding whether to pay a personal injury compensation claim. A police report usually contains all the relevant facts concerning the accident and includes statements made by you and the at-fault driver. It will also include a description of the accident site and who caused accident. All police reports are likely to include the following:
- date and time of the accident;
- names and contact details of all the drivers and passengers involved in the accident;
- the factors which contributed to the accident;
- signed witness reports including their contact details;
- the police officer’s official opinion of the cause of the accident.
Evidence to Support a PI Accident Claim Caused by an Unsafe Lane Change
The police report is the most useful evidence to support a PI compensation claim but other evidence is required from you as well such as:
- written reports by any eyewitnesses;
- surveillance camera footage you have managed to retrieve, if available;
- receipts for medical treatment due to your injuries;
- photos taken by you and any other witnesses of the accident site;
- your physician’s report describing your injuries, your treatment program and the time it will take for you to recover.
Once you have all the evidence available you should talk to a PI attorney.
Speak With an Attorney
An experienced PI lawyer will thoroughly evaluate your evidence and if s/he thinks you have a good chance of winning compensation s/he will file the PI claim on your behalf with the at-fault driver’s insurer. You may not be required to pay legal fees until your attorney has reached a settlement.