Unsafe lane changes are one of the most common causes of auto accidents in Arizona. All drivers have a legal responsibility to change lanes in a manner that is reasonable, safe and in accordance with relevant state laws. Failure to do so, resulting in a car accident, is negligence. Learn Arizona’s laws about lane changes, as well as how the state handles related car accident claims, to protect your rights after this type of collision.
Lane Change Laws in Arizona
Arizona Revised Statutes Section 28-729 states that any place a road is divided into two or more marked lanes, all drivers must keep as much as practicable entirely within a single lane. A driver cannot move from his or her lane until the driver has ascertained that the movement can be made safely.
If a road is divided into three lanes, it is only acceptable to drive in the center lane when overtaking another vehicle or preparing for a left-hand turn. If a driver does not safely and prudently change lanes according to the rules of the law, that driver will be responsible for a resultant lane-change accident.
Proving Fault in a Lane-Change Accident
Arizona is a fault-based car accident state. This means that after an auto accident, the injured driver will need to determine fault before filing an insurance claim for financial damages. Unfortunately, proving fault can be difficult in a lane-change accident. Lane-change accidents can be tricky if both drivers tried to move into a lane at the same time or if one driver made a mistake such as speeding or slamming on the brakes.
In most lane-change accident cases, however, the fault goes to the driver who was changing lanes. It is this driver’s legal responsibility to perform the maneuver safely. This means to use a reasonable speed, use a turn signal, and check the destination lane to make sure he or she is not going to merge on top of anyone.
If a driver carelessly, negligently or recklessly changes lanes, causing a collision or sideswipe accident, that driver will be liable for the crash. Proof of the driver’s fault may take the form of eyewitness accounts of the accident, a police report, a ticket given to the other driver for breaking a traffic law, accident reconstruction information and testimony from experts.
If both drivers were changing lanes at the same time when they collided, fault can be more difficult to determine. It may be possible for two drivers to share fault for a lane-change accident. In Arizona, a victim can still recover even if he or she is 99% at fault. The victim’s percentage of fault, however, will reduce his or her recovery award accordingly. Speak to a car accident lawyer in Glendale to discuss liability in your improper lane change accident.
What Are the Legal Requirements for Safely Changing Lanes in Arizona?
Arizona drivers must follow specific rules to change lanes safely. This includes using turn signals, checking mirrors and blind spots, and ensuring the lane is clear before moving over. Law requires that drivers signal their intentions in advance, particularly in high-traffic areas, to alert nearby vehicles. Failing to signal or abruptly cutting off other drivers can lead to citations, fines, and liability in accidents.
Is It Legal to Change Lanes in an Intersection in Arizona?
Generally, changing lanes in intersections in Arizona is unsafe and discouraged. While Arizona law does not explicitly prohibit lane changes in intersections, they are risky because they can cause collisions with turning vehicles, pedestrians, or other drivers navigating the intersection. If a driver causes an accident by changing lanes in an intersection, they may be found at fault for failing to follow safe driving practices.
What Evidence Is Used to Establish Fault in Lane Change Accidents?
Fault in lane change accidents is often determined using multiple forms of evidence. This includes witness statements, dashcam footage, and physical damage to vehicles. Traffic camera footage, if available, can be especially useful. Additionally, police reports play a significant role in establishing fault. Officers assess whether drivers used turn signals, checked for clear lanes, or engaged in unsafe behavior, as outlined in A.R.S. § 28-729, which requires drivers to maintain lane discipline.
Can I Still Receive Compensation if I Am Partly at Fault for a Lane Change Accident?
Yes, Arizona’s comparative fault laws allow drivers to seek compensation even if they are partially at fault. Under Arizona’s comparative negligence rules, an injured party’s compensation is reduced by their percentage of fault. For example, if you are 20% responsible for an accident, your total damages would be reduced by 20%. Consulting with a DUI lawyer or personal injury attorney can be helpful in understanding how fault might impact your case and potential compensation.
What Steps Should I Take Immediately After Being Involved in a Lane Change Accident?
After an accident of this magnitude, there are essential steps to take to protect your rights and gather evidence. These include:
- Checking for injuries and seeking medical attention if necessary.
- Calling the police to file a report, which will be helpful for insurance claims.
- Exchanging information with the other driver(s) involved.
- Documenting the scene by taking photos of vehicle damage, traffic signs, and road conditions.
- Collecting witness information to support your case if liability is disputed.
These actions can help build a strong case if you need to file a claim or seek legal recourse.
What Are Some Common Mistakes That Lead to Unsafe Lane Changes?
Unsafe lane changes are often the result of driver errors, such as failing to check blind spots, not signaling, or merging without enough space. Other common mistakes include:
- Distracted driving: Drivers preoccupied with phones or in-car controls often make unsafe lane changes.
- Aggressive driving: Making rapid, frequent lane changes in traffic increases the likelihood of accidents.
- Misjudging distance and speed: Failing to gauge the speed and position of nearby cars can result in collisions.
Practicing defensive driving can help avoid these common errors and improve road safety.
How Does Aggressive Driving Relate to Unsafe Lane Changes?
Aggressive driving often contributes to unsafe lane changes, especially when drivers engage in behaviors like tailgating or speeding. According to the Arizona Department of Public Safety’s Move Over Law, drivers must give space when others are merging or changing lanes. Aggressive drivers who ignore this requirement endanger themselves and others by cutting off or tailgating vehicles.
Behaviors that link aggressive driving with unsafe lane changes include:
- Tailgating: Following too closely reduces reaction time, making lane changes hazardous.
- Excessive speeding: Speeding makes it harder for other drivers to anticipate lane changes.
- Frequent, unsignaled lane-switching: This creates confusion and increases the likelihood of accidents.
What Are the Penalties for Unsafe Lane Changes in Arizona?
Unsafe lane changes in Arizona can lead to fines, points on your license, and higher insurance premiums. An unsafe lane change violation can add points to a driver’s record, potentially leading to license suspension if points accumulate. Fines vary by county but typically range from $150 to $500. According to A.R.S. § 28-729, maintaining lane discipline is crucial, and violations can increase liability if an accident occurs.
Penalties for incurring in this practice include:
- Fines: Generally ranging from $150 to $500, depending on the severity and location.
- License points: Arizona’s MVD assigns points for moving violations; an unsafe lane change can add two points.
- Insurance rate increases: Insurance companies may raise premiums after a lane change citation due to the higher risk profile.
In severe cases, such as if an unsafe lane change results in injury or property damage, the driver may face reckless driving charges with harsher consequences.
Common Causes of Lane-Change Accidents
Determining fault and obtaining compensation for a lane-change accident in Arizona requires identifying the cause of the collision. The cause will point to why and how the accident occurred, as well as which driver had the ability to prevent the collision. Common causes of lane-change accidents include:
- Breaking roadway rules
- Speeding
- Failing to yield the right-of-way
- Failing to make sure the destination lane was clear
- Changing lanes without checking blind spots
- Failing to use a turn signal
- Changing multiple lanes at a time or weaving through multiple lanes of traffic
- Cutting someone off in a lane-change maneuver
- Driving between two lanes for an extended period of time (lane splitting)
- Changing a lane across solid lines rather than dashed lines
- Changing a lane within an intersection
As an injured victim, you may need a personal injury attorney in Peoria to help you investigate your lane-change accident. An attorney will have the personnel and resources to thoroughly investigate your crash and determine fault. Then, your attorney can help you gather evidence and go up against another party in pursuit of fair compensation.
