Lane-change accidents are exceptionally common in and around San Diego and other areas where the major highways have many lanes (and therefore, many lane changes). These accidents are typical when a lead driver makes a lane change and does not notice a vehicle in their blind spot, or in other cases, they may be distracted and simply not realize that there is a vehicle in their path as they begin to make the change. This can be because of texting while driving, or simply just general distraction or confusion. These types of accidents are especially dangerous for motorcycles, who take up much less space and therefore can be lost in blind spots much easier.
If you have been involved in a lane-change accident, there are many different things that our San Diego lane-change accident attorney will need to explore in order to prove that the other driver was responsible. The sooner we begin working together, the more time we will have to establish fault for the accident, handle direct negotiations with the insurance company, and ultimately plan and build our lawsuit if we are unable to reach an out-of-court agreement for a settlement amount.
Read more below about lane-change accidents, and contact us now for a free initial consultation with a San Diego car accident attorney with extensive experience representing clients for a wide range of car accident injuries.
How Are Damages Calculated After a Lane-Change Accident?
While no two accidents are alike, and the damages that a victim suffers are always different as a result of how unique each crash is, there are standard ways that San Diego land-change accident attorney calculate the damages that their clients deserve. The following is a general overview of these methods of determining compensatory damages.
Economic Damages
Economic Damages are the foundation of a personal injury lawsuit in San Diego because they simply summarize the measurable financial costs of an accident on the victim. They include the obvious costs like medical bills, ambulances, surgeries, and physical therapy, but also compensate for co-pays, assistive devices like crutches or wheelchairs, prescriptions, and more. In addition, your personal injury attorney will go through your income statements and determine the income that you have missed as a result of your injuries, either from missed work, disability or from a reduced earning capacity, including any paid time off or vacation days that you have used to cover your absences.
Non-Economic Damages
While economic damages are calculated by simply compiling the expenses and the measurable financial losses that the accident has caused, non-economic damages seek to calculate damages for the intangible impacts of your accident and injuries. The pain that you endure as a result of your injuries, the suffering of medical procedures and recovery, and the depression and sadness that come with these changes to your life are equally important but are difficult to determine an actual dollar amount for.
In order to find a value to non-economic damages, we will go through a variety of factors in order to document your damages and the amount of money that we will seek for these types of injuries and suffering. Depending on your specific circumstances, there are many different ways to approach this situation in order to seek the appropriate amount.
Lane change accident FAQ
What does California law require before changing lanes?
A driver may not move from a lane until the movement can be made with reasonable safety and must signal when other traffic may be affected (Cal. Veh. Code §§ 21658, 22107).
How is fault shown in a lane change crash?
Damage location on each car, dashcam video, witness accounts, and turn signal use can help show which driver left their lane unsafely.
How long do I have to file a personal injury claim in California?
Generally two years from the date of injury (Cal. Code Civ. Proc. § 335.1). If a government agency may be responsible, a written claim usually must be filed within six months (Cal. Gov. Code § 911.2).
Can I still recover if I was partly at fault?
Often, yes. California follows pure comparative fault, so any recovery is reduced by your percentage of fault but is not automatically barred.