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How Comparative Negligence Laws Apply To A Collision During A Lane Change

by Gene Vasquez

While attempting to change lanes, you might suddenly strike another vehicle. Afterward, you might assume that you were at fault. But you might not be at fault if the other driver traveled at a very high speed or tried to cut you off. If you aren't sure about whether you are culpable, you should speak with a car accident attorney instead of admitting fault. This is especially true in a state that has comparative negligence laws.

Why Comparative Negligence Matters

If you were recently in a car accident, your ability to collect damages is affected by the state in which you reside. If you are considered to have played some role in your accident, the compensation you receive is limited. Therefore, you must do everything possible to prove you were not at fault.

How to Make Sense of Comparative Negligence

First, you will want to determine how comparative negligence works in your state. For some states, you will be eligible for compensation if you prove that you did not share more than half the blame. In other states, comparative negligence applies regardless of whether you were more than half at fault or not. 

What You Need to Prove

Whether or not you are considered to be at fault depends on the circumstances of the accident. You must prove to a jury that the other party was at fault for the accident, and you must also prove that you were not at fault. Doing so is easier if you have legal experience, and contacting an experienced car accident attorney is better. 

When to Hire a Personal Injury Lawyer

An attorney will explain your legal options based on the facts of your case. If it is likely that you will be considered at fault for the accident due to the lane change, they'll give you advice on how to protect yourself from liability.

However, if your attorney believes that the other party's at fault, they will assist you in building a solid case for why you should be entitled to compensation for the damages you have suffered. Even if you are partially at fault, reducing the percentage you are considered to be at fault will increase your compensation.

By interviewing witnesses, your attorney might discover that the other driver drifted out of their lane and caused the collision, even if you were changing lanes. Details like this can be used to increase your settlement and can help you win if your case goes to court.

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