When a driver merges into another lane without scanning their blind spots or checking whether the adjacent lane is clear, the motorist’s careless driving can result in devastating accidents and injuries. Improper lane changes cause many side swipe collisions and blind spot accidents every year. The Insurance Information Institute (III) reported 3,381 motorists were killed in 2019 in crashes caused by failure to remain within the proper lane.
If you have been injured in a Virginia lane change accident, you may be entitled to demand compensation from the at-fault driver and the driver’s auto insurance. However, you must be able to prove who was at fault to develop a successful injury claim.
Contact the dedicated personal injury attorneys of Marks & Harrison today for a free consultation. Learn more about your options for pursuing compensation for injuries caused by a driver who injured you while changing lanes.
Who Is At Fault If Someone Merges Into You in Virginia?
The driver who initiates the merger is typically at fault in a lane change accident. Under § 46.2-804 of Virginia’s Traffic Code, drivers are prohibited from changing lanes until they determine that they can complete the maneuver safely. Before changing lanes, a driver should signal their intent and check the vehicle’s rearview and side mirrors for other vehicles approaching from behind or changing into the same lane. The driver should then quickly turn their head and check the blind spot before merging into the lane. The single biggest contributor to lane change crashes is failure to identify a risk.
If a driver smashes into your vehicle during an unsafe lane change because the driver failed to look before merging lanes, the driver may be held financially liable for your injuries and the damage to your vehicle.
If the other driver or their insurance provider implies that you were partially at fault for the lane-change accident, you should contact a personal injury attorney immediately. The Commonwealth of Virginia follows a pure comparative negligence doctrine when determining fault. Under Virginia law, you would be disqualified from recovering any compensation for your losses if you contributed to the accident in any way.
An experienced car accident lawyer at Marks & Harrison can stand up for your rights to receive fair compensation from the at-fault driver and fight back against attempts to shift blame for the lane merger accident to you.
Is Virginia a No-Fault State for Auto Accidents?
In no-fault auto insurance states, drivers are required to carry no-fault auto insurance that covers their own losses in a car accident, regardless of who was at fault. Drivers in states with no-fault systems do not typically file claims against at-fault parties unless an accident results in serious damage or injuries.
Virginia uses an at-fault system for auto accidents rather than a no-fault system. Under Virginia’s at-fault system, the party who is considered at fault for a car accident is legally responsible for the financial costs of resulting damages or injuries. This means if you were injured in a Virginia lane change car accident, you may have the right to claim compensation from the at-fault driver.
Virginia requires drivers to carry the following minimum insurance coverage amounts to pay for damages they cause in a car accident:
- $25,000 per person for bodily injury or death
- $50,000 per accident for bodily injury or death
- $20,000 per accident for property damage
If the at-fault driver is uninsured or underinsured, you may need to file a claim against your own uninsured or underinsured motorist coverage to recover compensation for your losses.
If you elected to carry optional insurance coverages such as collision coverage, medical payments (MedPay) coverage, or uninsured motorist (UM) coverage, you could claim compensation from your own insurance provider in certain situations.
Who Decides Which Driver Was At Fault in a Virginia Accident?
The determination of fault is crucial in Virginia lane change accidents. Depending on the circumstances, any of the following parties may be responsible for determining fault:
- The police – If a Virginia accident results in serious injury or property damage, the police will visit the scene to render aid and investigate. As part of their investigation, law enforcement officers typically write up an accident report. The report often includes official opinions regarding who was at fault. Although an officer’s opinion carries significant weight, the police are not ultimately in charge of determining fault.
- Insurance adjusters – If either party files an insurance claim after a lane change accident, an adjuster from the insurance company will investigate. Adjusters typically review police reports, evidence from the accident scene, and witness statements to assign fault and determine whether the insurance company is obligated to pay compensation.
- A judge or jury – If a lane change accident case ends up in court, a civil jury will determine fault after reviewing relevant evidence and testimony. If one party is entitled to compensation, the court will decide how much to award.
Do You Legally Have to Let Someone Merge in Virginia?
Allowing someone else to merge into your lane is a courteous thing to do, but that doesn’t mean it’s required. When you occupy the lane, you have the right of way to use the lane. You are not legally required to yield to someone else attempting to merge into your lane, especially if doing so would place you or other road users at risk.
A driver who is attempting to merge is the one who is legally responsible for accomplishing the lane change safely, even if that requires slowing down or coming to a full stop first. If you are within a designated lane, you have the legal right of way within that lane. Other drivers are required to wait until it’s safe to enter the lane in front of you or behind you.
If a merging driver moves into a lane without signaling or checking to ensure the lane is clear, the driver may be found legally at fault for a subsequent lane change accident.
Contact a Virginia Lane Change Accident Attorney
At Marks & Harrison, our Virginia car accident lawyers are available seven days a week to address your legal needs. If you need help after a Virginia lane change accident, contact us now to discuss the details of your situation in a free initial case review.
