Unsafe Lane Change Accident in San Antonio, TX
Texas law requires any driver changing lanes to make sure the lane is unoccupied, signal the lane change, and then complete it safely and efficiently. Unfortunately, many drivers fail to follow these steps when attempting to switch lanes, causing car accidents that lead to serious injuries.
If a driver’s unsafe lane change left you with serious injuries, the at-fault driver may be financially responsible for your medical bills, vehicle repairs, lost wages, and more. The Law Offices of Troy A. Brookover can help you demand the money you need to put your life back together.
San Antonio personal injury attorney Troy A. Brookover is an experienced car accident lawyer with more than 30 years of legal experience and a thorough understanding of how insurance companies approach car accident claims. Let Troy and his team help you during this difficult time. Call the Law Offices of Troy A. Brookover or contact us online for a free consultation about your options.
What To Do Right After a Car Accident Caused by an Unsafe Lane Change?
If you have been involved in a collision because someone made an unsafe lane change, you should take the following steps to protect your legal rights:
Report the Accident to the Police and Remain at the Scene of the Collision
Leaving the scene of an accident, even one you did not cause, could lead to a hit-and-run charge. In Texas, a driver who is in a collision involving injury, death, or damage to a vehicle has certain responsibilities, including:
- Immediately pull over as close to the scene of the collision as possible
- Determine if anyone involved was injured and requires medical aid
- Call the police if the crash involved injuries, death, or more than $1,000 in property damage
- Remain at the scene until the police tell you that you can leave.
Provide an Accurate Account of What Happened
When the police arrive, they will ask all drivers involved to describe what happened. You should answer the police officer’s questions accurately. If you do not know certain things, don’t speculate. Insurers could try to use any inconsistent answers or speculation against you later. Sometimes facts and injuries only become apparent hours or days after the accident once the adrenaline and fear have subsided.
Take Photos of the Accident
Take photographs of the accident scene, damage to the vehicles, and the injuries sustained if you can do so safely. The photos may give your attorney evidence to use during your insurance claim and personal injury lawsuit.
Seek Medical Attention
Get to a doctor or emergency room as soon as you can, regardless of how you feel. Delaying treatment doesn’t just jeopardize your health if you have internal injuries. It can also give insurance companies an excuse to deny or minimize your claim. They may argue that your injuries were not as severe as you claim since you did not see a doctor immediately.
Keep a File
Keeping a file of your accident-related documents and information is important. It will make it easier for your attorney to calculate your losses and back them up with evidence.
Track the Effect Injuries Have on Your Life
Keep a journal in which you note your pain levels and the effects the injuries have on your daily life. An experienced attorney such as Troy A. Brookover can use the information to demonstrate the extent of your pain and suffering and seek appropriate compensation.
Stay Off Social Media
Telling your friends on social media about your accident and injuries may be tempting, but you should resist the temptation to post anything on social media. Defense attorneys will try to access your comments or photos and use whatever they find to undercut your claims and reduce your compensation. It is best to stay off social media while your claim is pending.
Contact an Experienced Personal Injury Attorney
If someone else injured you because they made an unsafe lane change, they may owe you compensation. Unfortunately, pursuing compensation could prove challenging and time-intensive, especially when you struggling to recover from significant injuries. An experienced attorney is better equipped to handle your claim and pursue compensation on your behalf.
Why Choose the Law Offices of Troy A. Brookover for Your Unsafe Lane Change Accident?
At the Law Offices of Troy A. Brookover, we can help you with every step in the claims process:
- Assess your claim – We can review your injuries, determine what compensation you are entitled to seek, and provide you with a clear understanding of your legal options.
- Gather evidence– As an experienced car accident attorney, Troy A. Brookover knows what types of evidence to seek to develop your claim. We will take the time to get to know you and your needs and represent you to the best of our abilities.
- Send demand letters– The first step in the process is to send a demand letter to the insurance company representing the at-fault driver. The letter outlines the facts of your claim, the losses you have suffered, and the compensation you are demanding.
- Negotiate a settlement agreement – Trials are risky and expensive, which makes an out-of-court settlement attractive in most circumstances. However, negotiating a fair settlement is no simple matter. An insurance company’s primary goal is to minimize its liability and the money it pays out to settle claims. Attorney Troy A. Brookover previously defended insurance companies, giving him valuable insight into how insurers approach injury claims. He uses this knowledge to the advantage of his clients when negotiating to settle cases.
- Take your case to trial – Only a small percentage of lawsuits go to trial. But filing a personal injury lawsuit may be necessary if an insurance company refuses to agree to a fair settlement. If that is the case, we won’t hesitate to present your case to a jury.
Contact the Law Offices of Troy A. Brookover by calling us today or contact us online for a free consultation.
How Much Compensation You Can Get for an Unsafe Lane Change Accident Claim?
The compensation you can receive after an unsafe lane change accident depends on the circumstances and the severity of the injuries. Generally speaking, you may seek compensation for your:
- Past and future medical expenses
- Past and future loss of income
- Cost of repairs or replacement of your wrecked vehicle
- Pain and suffering, both physical and mental
It is important to note that Texas is a comparative fault state. You may be eligible to receive compensation as long as you are not more than 50 percent at fault for the accident. If you are partially to blame, the court can reduce your compensation by your percentage of fault.
For example, if you are found to be 10 percent at fault for an unsafe lane change crash, any compensation awarded to you by a court will be reduced by 10 percent. An experienced lawyer will fight any attempts by the opposing side to shift the blame to you for an accident.
Cause of Unsafe Lane Change Accidents
Unsafe lane change accidents occur when a driver fails to check blind spots to make sure a lane is open. Some lane change accidents happen because a driver attempts to merge into another lane when they do not have enough space to merge safely.
Some of the common causes of car accidents and accidents caused by unsafe lane changes are:
- Texting while driving
- Eating while driving
- Failing to use turn signals
- Failing to check blindspots
- Driving recklessly
- Messing with the cars touchscreen monitor
Texas Laws on Changing Lanes
Texas’s lane change law requires the following:
- Any driver on a road with two or more marked lanes must drive in one lane and may not move from that lane unless they can do so safely.
- Any driver on a road with at least three marked lanes providing two-way traffic cannot drive in the center lane unless they are making a left turn, passing another driver and the center lane is clear of traffic, or doing so is explicitly marked as legal.
- Drives must follow official traffic-control devices, directing vehicles to move in a specific direction or prohibiting them from changing lanes on a certain section of the roadway.
If a driver violates any of Texas’s lane change laws and causes a collision, an experienced San Antonio injury attorney at the Law Offices of Troy A. Brookover can work to show that the unsafe driver was negligent and is liable for the harm they caused anyone as a result. In addition to being liable for losses resulting from the collision, violating the lane change law in Texas will result in the negligent driver being fined up to $200.
Schedule a Free Case Review with Our Experienced San Antonio Car Accident Attorneys
If you were injured in San Antonio, Texas, because of someone else’s unsafe lane change, get in touch with The Law Offices of Troy A. Brookover today. Our law firm has a track record of which we are proud. It shows the effort we make on behalf of the people who turn to us for help and our experience handling personal injury cases. To discuss your case with an experienced attorney, contact our office today by calling or contacting us online for a free consultation with a San Antonio car accident lawyer.