Rear Ended on Freeway After a Lane Change

[ShadeReaperX]

My question involves a traffic accident in the State of: California
I was traveling on the freeway in the left-most lane next to the carpool lane. There was minor traffic, and I was moving at 10-15 mph with a passenger.

I looked to my left at the carpool lane, and decided I should be able to get in after the next car that passes me. The next car does indeed pass me, and inbetween this car, and the next car, there are about 8-10 car spaces.

I turn my wheel and hit my accelerator, and I move into the carpool lane. I straighten my car out, and accelerate up to around 35 mph.

I am in the lane for about 3-5 seconds when this SUV behind me hits me.

They obviously struggled a little, and maybe swerved a little bit left because the rear-left of my car bumper took the damage. I do not know if they braked at all because I heard nothing.

Thankfully I was accelerating, otherwise the damage to my car could have been great. My bumper was plastic, and it's basically destroyed, and my car's frame is a little bit bent. (I drive a four door sedan)

Assuming I take this to claims, who is at fault?

[That Guy]

My question involves a traffic accident in the State of: California
I was traveling on the freeway in the left-most lane next to the carpool lane. There was minor traffic, and I was moving at 10-15 mph with a passenger.

I looked to my left at the carpool lane, and decided I should be able to get in after the next car that passes me. The next car does indeed pass me, and inbetween this car, and the next car, there are about 8-10 car spaces.

I turn my wheel and hit my accelerator, and I move into the carpool lane. I straighten my car out, and accelerate up to around 35 mph.

I am in the lane for about 3-5 seconds when this SUV behind me hits me.

They obviously struggled a little, and maybe swerved a little bit left because the rear-left of my car bumper took the damage. I do not know if they braked at all because I heard nothing.

Thankfully I was accelerating, otherwise the damage to my car could have been great. My bumper was plastic, and it's basically destroyed, and my car's frame is a little bit bent. (I drive a four door sedan)

Assuming I take this to claims, who is at fault?

You mentioned your speed (@ approx 35mph) but you made no mention of how much faster/slower vehicles in the other lane (carpool lane) were traveling... It would be reasonable to assume that they were moving at a speed that is higher than 35mph (otherwise you would not have been hit)...

So here's one violation that I would assume to be valid here:

California Vehicle Code Section 22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.

A lot of people think that just because they signal, that their lane change would be legal... And that could not be farther from the truth.

Edir: As I reread your post, there was no mention of you signaling the lane change... Which adds more to your liability!

[ShadeReaperX]

You're right. I did fail to mention that.

Yes my left turn signal was on as I moved into the lane.

The first car that passed me was going at a reasonable speed for the carpool lane (somewhere around 50mph due to traffic), and when I entered the lane, I accelerated to a similar speed as the car in front of me (very quickly), and I'm sure I had enough space behind me for the other car to have decelerated enough.

Is there anything else that needs clarification?

As a side note, I did not cross over double yellow lines; it was a white line area, just to make sure there is no confusion.

~ShadeReaperx

[That Guy]

In your first post you stated:

... and accelerate up to around 35 mph.

Now you're saying:

... (somewhere around 50mph due to traffic), and when I entered the lane, I accelerated to a similar speed as the car in front of me (very quickly)

Point is, you can't always count on the other driver being attentive, watching your signal and being able to adjust their speed to accommodate your action(s).

Of course my opinion does not and will not impact what your insurer (or that of the other driver) will ultimately decide...

I'm merely pointing out that your entering the lane between the two cars you mentioned may not have been the safest most prudent action at the time. I could be wrong though...