Some of the most common vehicular collisions in New York are those caused by drivers ignoring blind spots, swerving through traffic, and failing to use turn signals. These are all examples of making unsafe lane changes, which is a traffic violation under New York state law.
If you suffer an injury in an accident caused by an unsafe lane change, always call 911 immediately and gather as much evidence at the scene as possible before seeking immediate medical treatment. Once these steps have been taken, reach out to your attorney to help you along your path to recovery.
This path starts with your first call to the experienced New York attorneys for accidents caused by unsafe lane changes at The Carrion Law Firm. When you call our offices at (718) 841-0083 today, you can get a free initial case evaluation.
Proving Fault for an Accident Caused by Unsafe Lane Changes in New York
When a driver in New York behaves unreasonably behind the wheel, they will be deemed to be at-fault for causing an accident that results from this behavior. However, many wonder what type of driving behavior is considered unreasonable for the purposes of a lawsuit.
Generally, if a driver violates traffic code, their violation will be considered to be unreasonable driving behavior. Examples might include speeding, driving through a red light, and, most relevant here, making unsafe lane changes.
New York Traffic Laws on Lane Changes
New York Vehicle and Traffic Law (VTL) actually features language that governs proper lane changing behavior on the roads of the state. Specifically, NY VTL Section 1128 establishes laws on when changing lanes is allowed.
Under Section 1128(a), all motorists must stay in their lane unless the motorist determines that they could complete the process of changing lanes in a safe way.
Section 1128(b) restricts motorist from making a left turn from the center lane where it would be unsafe, especially where the motorist would have to pass another vehicle to do so.
Subsections (c) and (d) refer to a motorist’s obligation to obey road markings and signs that may affect their ability to change lanes. These most specifically refer to no-lane-change areas, which commonly exist on bridges, in tunnels, near active construction sites, and on particularly hazardous roadways.
Some other provisions created by Section 1128 are restrictions on which lanes can be used by trucks, buses, and other slow-moving or oversized vehicles.
If an accident results from violations of any of these rules, chances are that the driver who committed the violation will be found at fault for causing the accident and liable for the consequences of the serious injuries that result.
What to Do After an Accident Caused by Unsafe Lane Changes in New York
Drivers who make unsafe lane changes on the streets of New York can cause accidents that could affect the well-being of those involved. This could include other drivers, passengers, bicyclists, and pedestrians. If you ever find yourself having sustained injury in an accident caused by unsafe lane changes, there are a few steps that our New York car accident attorneys recommend taking for both your personal physical health and long-term financial recovery.
Call 911
You should report all accidents to the proper authorities. When you call 911 at the scene of an accident, the dispatcher will send law enforcement and emergency medical teams to your location as required. The medical team can help provide treatment for any immediate injuries, while the police officers can secure the scene and investigate the cause of the accident for the purposes of filing an official report. This report will be critical in your later efforts to pursue compensation.
Gather Evidence
If you are able, do your best to collect as much information at the scene as possible. The police officers called to the scene will help in this effort, but it is always better to have too much evidence than not enough. Take pictures and video of the accident site, damage to vehicles and property, and anything else that may be relevant to the accident. Also, you should do your best to get contact information from any potential eyewitnesses that saw what happened, as these individuals are incredibly difficult to locate after they leave the scene.
Go to the Hospital
After leaving the scene of the accident, your first stop should be your closest emergency room. This applies even if you believe your injuries can wait for later. Acting quickly is important for two reasons: you can get early detection of certain serious conditions that might not present themselves immediately while also establishing a medical record that connects your condition to the accident.
Call Your Lawyer
If you hope to recover compensation for your harms, it is best to get the process started early while evidence is still fresh and far in advance of any statutory deadlines that may bar your claim. Once you have had your injuries assessed and treated, contact a seasoned New York attorney for accidents caused by unsafe lane changes to help you through the next stages of your claim.
Statute of Limitations for Unsafe Lane Change Accident Lawsuits in New York
For any car accident injury lawsuit, New York has a law, known as the statute of limitations, that puts a hard deadline on how long any plaintiff has to act on their claim. Under the statute of limitations, you must file your lawsuit in court no more than three years from the date of the accident itself. It is always best to act early on to reduce the chances that this complete bar to recovery comes into play.
Contact Our New York Attorneys for Accidents Caused by Unsafe Lane Changes Today
To get your first initial case evaluation for free, reach out to the dedicated New York lawyers for accidents caused by unsafe lane changes at The Carrion Law Firm by calling (718) 841-0083.