A Georgia Legal Guide to Improper Lane Change Car Accidents

Key Points:

• Improper lane changes commonly cause accidents in Georgia, especially on major interstates like I-75, I-285, and I-85.
• Georgia traffic laws help to determine fault in lane change accidents, establishing clear rules for how and when drivers can change lanes.
• Proving fault in an improper lane change accident requires strong evidence and expert legal representation, as these cases often have disputes over liability.
• Depending on the nature of the accident, victims of improper lane changes can seek compensation for various damages, including medical expenses, lost wages, and pain and suffering.

Improper lane change car accidents are among the most common causes of highway accidents in Georgia, especially on big interstates, such as I-75, I-285, and I-85. These crashes happen quickly and are usually caused by another driver swerving into your lane without properly signaling and cutting you off without warning. This type of accident leaves you with little time to react and can cause long-term injuries, mounting insurance claims, and financial burdens.

In this guide, we’ll review what is considered an improper lane change, how fault is determined, and the steps you should take to ensure you receive maximum compensation for your car accident in Georgia.

What is Considered an Improper Lane Change in Georgia?

Not all lane changes in Georgia are illegal, but when a driver switches lanes without taking the right safety measures, it can lead to a very dangerous accident. Some examples of improper lane changes that commonly cause accidents include:

• Failing to signal before moving into another lane
• Moving into a lane that is already occupied by another car
• Cutting off another vehicle without providing enough space to safely brake
• Driting into another lane while distracted
• Weaving dangerously between multiple lanes at high speeds
• Changing lanes while in an intersection

All of the actions listed above violate Georgia traffic laws and create hazardous conditions for other drivers on the road. If you were involved in an accident where another driver made an unsafe move and crashed into your vehicle, that driver could be found at fault and held legally responsible for any damages.

How Is Fault Determined When Cars Collide From a Lane Change?

When an improper lane change car accident occurs, fault is determined based on negligence, which means that the driver who acted carelessly and caused the crash is usually held responsible. Several Georgia traffic laws play a role in determining fault:

Under O.C.G.A. § 40-6-123, drivers must:

• Use a turn signal before changing lanes or merging
• Ensure a lane change is safe before entering another lane
• Not stop or slow suddenly in a way that creates a hazard for other drivers

Under O.C.G.A. § 40-6-48, drivers must:

• Remain in a single lane and should not move until they can do so safely
• Avoid lane changes that interfere with another vehicle’s movement

If the at-fault driver violates any of the laws above, it can serve as legal evidence of negligence in your improper lane change accident claim.

How Will a Car Accident Attorney Establish Fault in an Improper Lane Change Accident?

After your improper lane change accident in Georgia, your personal injury attorney will gather evidence to document the other driver’s negligence. Some of the types of evidence they might collect include:

• Witness statements: eyewitness accounts of the accident who can confirm the other driver was driving recklessly or unsafely entered your lane.
• Dashcam or traffic camera footage: video evidence that shows the other driver did not properly signal or cut you off while going into your lane.
• Police report: officers called to the scene may cite the other driver for an improper lane change through an official police report.
• Vehicle damage analysis: experts can review the damage to your car, which can indicate who was already in the lane and who moved unsafely.
• Accident scene photos: skid marks on the road and vehicle positions can help reconstruct what occurred.
• Cell phone records: phone records can be pulled to show the other driver was distracted with their phone while making the improper lane change.

While having this evidence is critical to creating a strong case, it’s not without its challenges. Even if the other driver is at fault, proving liability can be difficult.

What Are Common Challenges That Come With Proving an Improper Lane Change?  

Even if you have strong evidence, it can become challenging to prove an improper lane change. This could be due to several factors, including:

• Lack of video evidence: if there is no video evidence, both sides may have conflicting stories about how the accident happened.
• Right-of-way disputes: the other driver could try and claim that you should have yielded when they entered your lane, or that you didn’t have the right-of-way.
• Insurance companies might shift blame: insurance companies might argue that there is not enough proof to clearly establish fault, even when you aren’t to blame.
• Comparative negligence claims: if the insurance company can prove that you are partially at fault, your compensation could be reduced under the state’s modified comparative negligence rule.

This is why having an experienced personal injury lawyer by your side is critical. Your lawyer will be able to gather the right evidence, experts and witnesses to build a strong case to ensure you receive maximum compensation for your improper lane change accident.

Potential Expenses That Can Be Compensated for in an Improper Lane Change Accident

Compensation can vary depending on your injuries from the improper lane change accident, and the level of negligence involved. Potential expenses you may receive compensation for include:

• Medical Expenses: expenses such as emergency room visits, hospital stays, physical therapy treatments, and ongoing medical treatments for long-term injuries.
• Lost Wages: if your injuries prevent you from working, you can recover lost wages or even future earnings if the injuries do not allow you to return to work.
• Pain and Suffering: you can potentially receive pain and suffering compensation for emotional distress from the accident, physical pain endured from injuries, and loss of enjoyment of life.
• Vehicle Damage: includesrepair costs for damaged vehicles or replacement costs if the car is totaled beyond repair.

To ensure you receive maximum compensation for your improper lane change accident, it’s crucial to work with a dedicated personal injury attorney, like those at The Millar Law Firm, to prepare your case. Having a strong case that proves the other driver’s negligence and the full extent of your damages is critical to recover the compensation you deserve.

FAQs About Improper Lane Change Accidents in Georgia

If I Rear-Ended Another Driver Because They Cut Me Off, Would That Make Their Lane Change Improper and Put Them at Fault Instead of Me?

Usually, the driver who rear-ends the other driver would be assumed to be at fault, as Georgia law requires drivers to maintain a safe following distance. But, if the driver who merged in front of you did this suddenly or without leaving you enough space to brake, they could be held responsible. Dashcam footage, witness statements, and police reports can help prove who was at fault if it is being contested.

Can Both Drivers Be at Fault for an Improper Lane Change Accident?

Yes, it’s possible that both drivers could be at fault, as Georgia follows a modified comparative negligence rule, which allows fault to be shared. For example, if one driver changed lanes without signaling, but the other driver was speeding or texting, both could be assigned a percentage of fault. You have to be found less than 50% at fault to recover compensation, and your settlement would be reduced based on your percentage of fault.

If a Driver Barely Left Their Lane and Caused an Accident, Can They Still Be Held at Fault?

Even slight drifts into another lane can be considered unsafe if it leads to an accident. Drivers are legally required to stay in their lanes until they can safely merge. If a driver drifts into another lane from being distracted, disoriented, or failing to check a blind spot and causes an accident, they can still be held liable.

Can Speeding Be Factored Into an Improper Lane Change Accident?

Speeding can make an improper lane change even more dangerous as it gives the other driver less time to react. If the at-fault driver was speeding when they made the lane change, it could be considered reckless driving. However, if you were also speeding in your lane during the accident, the other driver’s insurance company might try to argue that your speed contributed to the crash.

Can Tire Skid Marks on the Road Be Used as Evidence to Prove an Improper Lane Change?

Skid marks can be a valuable form of evidence after an improper lane change accident, as they can show sudden braking, which shows the at-fault driver cut you off. Skid marks can detail swerving patterns, showing you tried to avoid a crash, as well as impact points, giving accident reconstruction experts an indication of how the crash happened. 

If the Other Driver Caused the Accident by Changing Lanes Within an Intersection, Are They at Fault?

In Georgia, changing lanes at an intersection is generally ruled as unsafe. If a driver makes a lane change while crossing an intersection, they could be found at fault for the accident, especially if they failed to signal or forced another car to break suddenly.

What Type of Improper Lane Changes Can Be Considered Reckless?

Some lane changes go beyond just simple negligence and can be deemed as reckless. If the other driver is found at fault for reckless driving, they could face legal penalties and additional charges. Reckless driving examples include changing lanes at high speeds, weaving in between lanes in heavy traffic, not checking blind spots and directly moving into another vehicle’s path, cutting off a driver aggressively without warning, or making a lane change at an intersection.

Contact a Personal Injury Attorney Today About Your Car Accident in Georgia

Improper lane changes in Georgia can lead to serious accidents, injuries, and insurance complexities. Having a personal injury attorney by your side throughout this process can make a big difference in the outcome of your case, and give you peace of mind that your claim is being properly handled by an expert.

At The Millar Law Firm, we have served the Atlanta community for over 30 years, providing dedicated, 1:1 attention to every case we’ve handled. We have the experience, knowledge, and resources to fight for the compensation you deserve. Contact us today for a free consultation.