Lane Change Car Accidents In Buffalo, New York

The Dietrich Law Firm P.C. has been representing car, SUV and truck accident victims in Buffalo, New York since 2005 to help people recover the best result for a personal injury in Buffalo, New York.

Top rated and highly experienced attorney Jed Dietrich, Esq. has recovered more than $175 million for his clients, which includes multi-million dollar settlements and verdicts in car accident cases. The legal team led by Jed Dietrich, Esq. is committed to pursuing your personal injury case and fighting aggressively for the best possible result after your injury.

Lane change is a frequent cause of serious car accidents in New York. In 2016, nearly 3,900 people were killed in car and motorcycle crashes in the United States that occurred because of a driver’s failure to remain in the proper lane. Failure to stay in a driver’s lane was the third leading known contributor to fatal crashes.

If you, or someone you love, were injured by a driver who failed to stay in their lane, you want a top rated, Best Lawyer of America, to fight for the compensation that you deserve. Contact Jed Dietrich, Esq. and his team of aggressive, tenacious and hardworking Buffalo, New York car accident lawyers today at 716-839-3939. The Dietrich Law Firm P.C. strives to provide the highest level of personal injury service to the people of Buffalo, New York; Rochester, New York; Niagara Falls, New York and beyond. Call us today for your free consultation.

New York State Vehicle and Traffic Law Section 1128 defines the rules for safe lane changing in New York state. It says that where a roadway has at least two clearly marked lanes, drivers should stay within their lane of traffic and not move from the lane without first ensuring that movement from the lane can be made safely.

Failure to determine whether it is safe to make a lane change, which results in an accident with a car already in the lane, will be considered negligence.

Car and truck drivers in Buffalo, New York and beyond can be held negligent while making a lane change for the following reasons, among others:

1. Driver distraction;
2. Speeding;
3. Failure to check blind spots;
4. Inadequate lookout;
5. Low visibility;
6. Bad driving conditions; and
7. Driving negligently or recklessly.

One of the common reasons for unsafe lane changing is a driver’s failure to check their blind spots prior to switching lanes. A blind spot refers to a section of the road that is not visible to a motorist in the rear-view mirrors. The existence of a blind spot can make another vehicle or motorcyclist on the road invisible to an inattentive driver.

It is a driver’s responsibility to recognize the existence of a blind spot and to check the lane they wish to change into to ensure it is safe to do so. This can be done by looking over their shoulder (and not merely using the rear-view mirror).

Call top rated, highly experienced and elite Buffalo, New York personal injury lawyer Jed Dietrich, Esq. if you, or a loved one, have been injured in a lane change car or truck accident in Buffalo, New York; Niagara Falls, New York; Rochester, New York or throughout New York State. If a driver failed to check their blind spots and crashed into your vehicle, they may be liable for the injuries that you suffered. The aggressive, tenacious and hardworking legal team at the Dietrich Law Firm P.C. will fight tenaciously to ensure that you receive the compensation that you deserve for your medical bills, lost wages and pain and suffering.

In general, a car that enters a lane will be considered to be at fault for any collision or crash which results from its entering into that lane. Similarly, when a vehicle merges into a lane, resulting in a car accident, in most cases the merging vehicle will be considered to be at fault for the accident.

This is the general rule because the driver who changes lanes has a duty to ensure that they can do so safely before merging into other lanes.

Therefore, whether the car in question is exiting from the roadway, entering the roadway or simply moving along the roadway, it can be safely said that the merging car’s driver will typically be considered to be at fault.

During a crash investigation, an inquiry will be made as to whether a merging driver correctly used their turn signal or not. A driver’s failure to signal before lane changing is a traffic violation in New York and results in the driver losing points on their driver’s license.

Shared Fault

In lane change accidents, it is also possible for both motorists to share a part of the responsibility for the accident under these conditions:

1. If both the motor vehicles try to merge lanes at the same time (known as sideswiping), each motorist can be considered to be 50% at fault for the accident.
2. If it is not possible to determine the location of the two vehicles that are involved in a sideswipe, each motorist will be considered to be 50% at fault for the accident.
3. When just one of the vehicles is changing into a lane, the vehicle that is already in that lane could be held partly responsible for a crash due to unlawful behavior such as speeding to prevent someone from merging into your lane. Depending on the circumstances, the percentage of fault assigned to each driver in each case will vary.

If you were injured in a lane changing car accident in Buffalo, New York because of another driver’s fault, Jed Dietrich, Esq. and his experienced and dedicated team of Buffalo, New York car accident attorneys will aggressively represent you to fully protect your legal rights. Contact us today at 716-839-3939 for your free consultation. We are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you!

If a driver makes an unsafe lane change in New York State, they can be liable to another driver for the injuries and property damage that they cause. In addition, the driver may face penalties, such as:

1. Fines: Violation of any of the 4 sub-sections of Vehicle and Traffic Law Section 1128 may result in a ticket costing up to $175 for a first offense. A second offense, occurring within 18 months of the first, will increase that fine to $300. A third offense, occurring within 18 months, will result in a fine of $450.
2. Points: If convicted of unsafe lane changing in New York, the driver will receive three points on their driver’s license. In New York, receiving 11 points on your driver’s license within an 18 month time span will result in suspension of your license.
3. Surcharges: A driver convicted of an unsafe lane change will also have to pay a state surcharge of $93 or $88, separate and apart from the fine.
4. DRA Fees: A driver who receives six points on their driver’s license within 18 months may have to pay an additional DRA (Driver Responsibility Assessment) fee. It will cost $300 and the fee will increase by $75 for every additional point over six.
5. Increases in Auto Insurance Premiums: While all insurance companies have their own pricing policies, nearly every insurer will increase the premium costs of a driver following a conviction for unsafe lane changing in New York State.

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Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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