How Do You Prove Fault If A Driver’s Lane Change Caused An Accident?

There are multiple ways to prove in an accident caused by lane changes that it was clearly the other driver’s fault. In most states, the law says that if a person enters the lane or an entrance, they are responsible for making sure they do it safely, and there is no oncoming traffic. Once they enter the lane and an accident occurs, they are most likely in the wrong. However, from the time of the accident to the courtroom, the driver who got hit will still have to prove what happened.

Calling 911 and the Cops Arrival

As soon as the accident happens, there is a list of things to do. First, everyone should check to see if anyone is injured and needs immediate attention. Calling Emergency 911 is the next step to get the police out to the scene of the accident. While waiting, if there are no severe injuries, taking pictures of the scene and the vehicle’s damages would paint a picture of what happened. If it is possible to call an attorney while waiting for the police to arrive, the attorney’s office can send an investigator to scope the scene and gather information. If one is not available at the time, then the pictures and the information collected by the police will do.


The Police’s Arrival and the Police Report

Once the police arrive, they will make sure no one is injured, and if there are injuries, then they become the priority. Those who are injured will get medical treatment from first responders and the paramedics upon arrival. If the injuries are bad enough, they will go to the hospital by ambulance or air med if the injuries are life-threatening. All of this information will get collected for the police report in its entirety.

Once the injuries are out of the way, the police will speak with whoever is at the scene to find out what happened. Sometimes false information is relayed by the parties involved, especially if they are in the wrong. Sometimes they do not mean to deliver incorrect information because everyone has their perceptions, and accidents happen quickly. That is why it is vital to have all the information to prove the other driver was at fault.

After talking to the parties, the police will investigate the scene of the accident. Many details will prove who was in the wrong when it comes to lane changes. All of the information will get added to the police report along with everyone’s statements.

Smith-Alsobrook & Associates

Details of the Accident

When the cops scan the scene, they will notice tire marks and the point of impact. These are the signs left behind on the road that will paint a picture in the police’s mind who is gathering the information. Next, the cop will investigate the damages of the vehicles, and it will determine the spot of the impact and what happened after the first point of impact occurred. Both the signs left on the road and the damages on the vehicles will show who was at fault and what happened during the unsafe lane changes took place.

Once again, all of this information will be in the police report with a drawn picture of both vehicles and their spots at the time of the accident. It will also show where the damages are on both vehicles. The investigators from the attorney’s office will also gather their information in the same manner as the police.


Those considered to be the heroes of the scene of the accident, next to the first responders, are the witnesses who hopefully saw the entire accident. The lucky ones who have been in an accident have witnesses. An attorney investigator, along with the police, will take the witness’s statement at the scene. If the investigator is not available at the scene, they will go by the statement in the police report and contact the witness later. They will gather the information from the witness again and use the witness’ testimony in court if it goes that far.

Without a witness, it is one person’s word against another in an accident case. If a witness is available and the testimony gets taken at the scene, this is the most beneficial part of the case. Most times, it is an open and shut case if there is a witness. It also deters insurance companies from going to court, causing them to settle outside the courtroom.

All In Favor

With the police report, statements, the attorney’s investigator, witnesses statements, and pictures, these are the best ways to prove who is at fault in a wreck involving an unsafe lane change. The evidence will speak for itself, and the all-in favor verdict will be for the plaintiff.

Leave a Reply

Your email address will not be published.

Find a Lawyer Near You

Get Advice

Find a Lawyer   /   Ask a Question   /   Articles   /   About    Contact  

© Copyright 2022 | Attorney at Law Magazine | Privacy Policy