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.
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):
Improper lane change accidents are usually caused by the following:
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.
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:
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:
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.
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.
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.
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.
The insurance implications of any improper lane change accident would fall under two main categories:
These are the general insurance consequences of being involved in an accident:
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.
So, how can you avoid improper lane change accidents? It depends on which driver you are in a scenario.
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.
If you are the driver who’s moving from one lane to the other or joining a road, ensure to do the following:
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.