Legally reviewed by:
Daniel Smith September 16, 2024
Lane changes are relatively risky. When done improperly, they significantly increase the chances of an accident. Incorrect lane changes are one of the common causes of accidents in the U.S.
These accidents could also be dangerous. They can lead to car damage, significant injuries, and the loss of lives. Since lane change accidents can also be devastating, effectively managing their aftermath could be challenging.
Therefore, it is essential to understand what might cause an improper lane change accident, the laws surrounding changing lanes while driving, and how to remain on the right side of the law consistently. This guide discusses those factors and much more regarding improper lane change accidents.
What is An Improper Lane Change Accident?
An improper lane change accident occurs when one or more drivers merge or change lanes in a manner they should not. Accidents resulting from changing lanes without regard for the safety of other drivers or unsafe lane changes will also constitute an improper lane change accident.
According to the National Highway Traffic Safety Administration, these accidents could happen in different scenarios (overtaking, joining a freeway):
- When one of two drivers who were previously parallel to each other attempts to change lanes, they collide.
- When a driver who was previously parallel to another goes across the other’s lane to take a junction (intersections or interchanges) and collides with the other.
- When two drivers previously parallel turn in the same direction and one drifts into the other’s lane.
- When two previously parallel drivers collide because one was going straight, and the other was turning to take a junction
- When a previously parallel driver moves into the other’s lane to complete the process of overtaking a second or third driver ahead of the second driver.
- When a driver previously parked at the side of the road attempts to rejoin traffic and collides with a vehicle in traffic.
- When one driver attempts to enter a limited-access highway through another driver's lane and collides with the other driver.
Causes of Improper Lane Change Accidents
Improper lane change accidents are usually caused by the following:
- Failing to signal during a lane change is extremely dangerous. It will likely result in an accident, especially on a busy road. Turn signals are vital while merging because they inform other drivers of the merging driver’s intention to change lanes so that oncoming drivers may react accordingly.
Sometimes, an oncoming driver will slow down and allow a merging driver to complete their lane change. Other times, they will not slow down. Either way, the merging driver should proceed only when it is safe and after indicating with turn signals. - Distracted driving is also a very likely cause of improper lane change accidents. Driving while using the phone, fiddling with controls, or eating can result in unintended lane changes. Unintended lane changes happen when a driver unintentionally swerves out of their lane because they are not paying attention to the road on a freeway.
Distracted driving may also force drivers to make lane changes they would have made earlier if they paid more attention to the road and road signs. If, for instance, a lane is ending or a driver is trying not to miss an exit, they are likely to change lanes rashly, causing accidents. - Failing to check mirrors or cameras could cause an improper lane change accident. It is not enough for a driver to only use turn signals and keep their eyes on the road ahead when changing lanes.
Why? The side and rearview mirrors or cameras help drivers gain better situational awareness, understand if there are any cars behind them, and effectively judge when it will be best to enter another lane. - Speeding and aggressive driving on a freeway are likely to cause lane change accidents. When drivers go over the speed limit and drive aggressively, they weave in and out of lanes to go around cars that do not move as fast as they would like.
Weaving in and out of lanes in traffic while maintaining high speeds means a driver will disregard right-of-way rules, increasing the risk of accidents. - Disregarding right-of-way rules while changing lanes would cause accidents. Right-of-way rules specify which driver has the legal right to proceed at a particular point and time, and most drivers are aware of them.
Most of the time, the oncoming driver has the right of way, so when they see another driver trying to merge, they likely realize that it is their prerogative to either slow down and allow the merging driver or deny the merging driver.
When a merging driver disregards the oncoming driver's right to make that decision and attempts to force a merge, it will likely lead to an accident.
Determining Liability
Ascertaining liability for improper lane change accidents is simple. As a general rule, the merging driver will be responsible for these accidents since the merging driver is legally required to ensure safety while merging.
However, there are a few exceptions to this liability rule – instances where another driver may be deemed responsible or partially responsible for the accident.
The exceptions are:
- When two vehicles merging from different sides at the same time crash, they will likely share liability for the accident
- An oncoming driver increases their speed intentionally to block the merge. An oncoming driver will likely bear more fault here if they were going above the speed limit, and traveling at the speed limit would have allowed a successful lane change.
- An oncoming driver engages in distracted driving or driving under the influence of intoxicating substances.
- When a driver tailgates (follows too closely from behind without giving any room for sudden stops).
- When an oncoming driver is driving without headlights at night or in bad weather with poor visibility.
These kinds of incidents and any accidents could quickly devolve into a “he said she said” situation. Therefore, whoever is responsible for determining liability will rely on the following to assign fault:
- Footage from traffic or security cameras: Footage from any cameras around (even dash or rear cams) would show if the merging driver changed lanes improperly or if the oncoming driver acted unreasonably to cause a collision. They would also show whether a merging driver took all the necessary precautions before changing lanes.
- Statements: In the absence of cameras, the drivers' and witnesses' statements will also paint a clear picture of who should be liable for an improper lane change accident.
- Pictures and videos: Pictures and videos showing where each car was damaged would also help establish liability.
For instance, if there is a lane change accident where pictures and videos show that the oncoming vehicle hit the trunk of the merging car, these pictures and videos will lend significant support to a claim that the oncoming driver should be liable. - Police report: An improper lane change accident will likely be investigated by law enforcement. Therefore, a police report on the accident will be generated. The responding law enforcement officer will investigate the accident, interview the drivers, and examine the damage to both cars.
The officer will note all they observe with who they believe to be responsible based on the facts in a report, and this report is usually heavily relied on by insurance adjusters.
Legal Framework
The fact that we have discussed improper lane change accidents at length indicates that there is a proper way to change lanes while driving, and that way is likely to reduce accidents. State law often defines appropriate driver conduct on marked lane roads. Almost all states have laws similar to or with the same implications as the one used to establish general principles in this section.
General provisions on improper lane change accidents
To illustrate, California’s Cal. Veh. Code § 22107 provides that a driver should not turn or move left or right on a road unless such movement is carried out reasonably safely and the driver has given the appropriate signal.
Similarly, Massachusetts’ Mass. Gen. Laws ch. 89, § 4A states that when a way is divided into lanes, a driver should maintain one lane and only move from it after ensuring it is safe. Contravening these sections or their equivalents in any state by not guaranteeing safety will constitute unsafe or improper lane change.
New York’s N.Y. V.A.T. Law § 1128 provides that when a road has been divided into two or more lanes, drivers must stick to one lane and only move from it when they have ascertained such movement can be made with safety.
The section also specifies that where a road is divided into three lanes but provides for two-way movement of traffic, no vehicle should use the center lane except that vehicle is overtaking another or preparing to make a left turn, and there is no traffic in the center lane.
Changing lanes to overtake
In addition to laws regulating lane changes, states have similar laws to regulate lane changes to the left while overtaking.
Texas’ Transp. Code § 545.053 (as an example) states that a driver may overtake another vehicle only at a safe distance. Any driver being passed should, on audible signal (a horn), remain to the right and not accelerate until they have been passed. § 545.054 further provides that if an overtaking driver employs an unauthorized lane to their left to overtake, they must return to their authorized lane as soon as practicable.
Lane changes to the right are mostly prohibited but will be allowed when certain conditions are met. Virginia’s Va. Code § 46.2-841 describes these conditions as: When the overtaken vehicle is making a left turn, and its driver has signaled accordingly; when overtaking is done on a highway with an unobstructed pavement where there are no parked vehicles, and there is enough space for two cars to move in the same direction; and when a one-way street is free from obstructions with sufficient width for two or more moving vehicles.
No-passing zones
Each state also has laws on no-passing zones. No-passing zones are areas where lane changes to overtake are prohibited, but there are usually exceptions. The exceptions, however, may significantly vary across states.
In Wisconsin, for instance, Wis. Stat. § 346.09(3) established that a driver should not drive on the left side of a no-passing zone except to overtake any vehicle (excluding implements of husbandry or agricultural commercial vehicles) as long as the car the driver is overtaking is traveling at half the applicable speed limit.
However, Wyoming law under Wyo. Stat. § 31-5-207 states that a driver should not drive on the left side of a no-passing zone except when turning left (into or from an alley, driveway, etc.) or there is a stationary obstruction making it necessary to drive on the left side. However, a driver having to drive on the left of a no-passing zone due to an obstruction in Wyoming will need to yield the right of way to other drivers traveling appropriately.
Insurance Implications
The insurance implications of any improper lane change accident would fall under two main categories:
General implications
These are the general insurance consequences of being involved in an accident:
- Significant rate increase: In the years following your involvement in an improper lane change accident, your insurance rates will likely significantly increase. Post-accident rates could increase by as much as 20%-50%. These increased rates may revert after around four years if you maintain a good record during that period.
- Losing discounts: If you enjoy any discounts with your insurance coverage, you will likely lose those discounts after an accident.
Financial Liability
Financial liability under insurance implications refers to who will be deemed financially liable and whose insurance company will have to cover the damages.
As we established earlier, the merging or lane-changing driver is usually liable for an accident during their lane change. Therefore, their insurance company will have to pay for medical expenses and property damage for all drivers involved in the accident in at-fault states.
But in no-fault states, the merging driver's insurer will only be responsible for property damages except where the injury is severe.
When the oncoming driver is found to be primarily responsible for the accident, the opposite will be the case – the oncoming driver’s insurer will be responsible. And where the oncoming driver is found to share some of the liability, it will either completely disqualify them from being entitled to any settlement or reduce their settlement in proportion to their responsibility depending on state laws.
Preventive Measures and Best Practices
So, how can you avoid improper lane change accidents? It depends on which driver you are in a scenario.
For oncoming drivers
If you have been driving in the same lane for a while, you should endeavor to maintain the safest lane on the road. But the safest lane on the road also depends on how fast you want to move.
The left lane is generally considered the safest because it records the least number of accidents, and you can move fast but still see people coming from the right. However, an accident in the left lane, is usually fatal.
On the right lane, you might have less time to see and respond to merging drivers, but accidents are rarely fatal since you are going slower. You can enjoy the best of both worlds on a three-lane highway by maintaining the center.
For merging drivers
If you are the driver who’s moving from one lane to the other or joining a road, ensure to do the following:
- Keep your eyes on the road.
- Respect the right of way rules. If you need to become more familiar with them, find out the relevant laws in your state of residence.
- Never try to force a merge.
- Always check your mirrors to gain situational awareness before changing lanes.
- Use your turn signal so other drivers understand what you intend to do.
- Comply with the relevant traffic laws.
Contact The Accident Helpers Today
Improper lane change accidents could be very fatal. Insurance companies often try to avoid paying full settlements by claiming the other driver shares some fault and should bear some of the damages.
Therefore, if you're ever in an improper lane change accident, the best way to safeguard your interests is to get a lawyer as soon as possible. A lawyer can professionally investigate the details of your accident, collect relevant evidence that will support your claim, and negotiate with an insurance company to get you the settlement you deserve.
Experienced improper lane change lawyers in your area will also be familiar with all the insurance, negligence, and traffic laws that apply in your state and county. At The Accident Helpers, we can help you get an experienced lawyer in your area.
You can schedule a free consultation with us, and we'll be more than happy to help.
