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  1. #1
    Join Date
    Apr 2017
    Posts
    4

    Exclamation Who is At Fault for a Lane Change Accident

    My question involves a traffic ticket from the state of: CA

    It was 8am in the morning. I was driving 25mph in the middle lane. The right lane, traffic is slow. It's about 5-10mph.

    I saw there is 3 car spare at the front of a truck, so I merged in while I was signaling it. When my car was almost in (only one wheel is on the line), the front traffic slowed down, so I have to slow down too, but my car is still moving. At this moment, I feel the truck behind me hit my back. After that, I was trying to stop my car, but then the truck hit me again, so I have to keep moving for a little until I'm sure that truck won't hit me again. I get off the car and checked, there is one damage at the corner and one damage at the back bumper at the right side. They are really close.

    The truck driver said I came in too close, but there was enough room and time for him to stop. I mean he was only driving 5-10 mph.

    After that, police came. I saw the report it says it's my fault, but I don't think so.

    It doesn't make any sense.

    In that case, in a slow traffic, I can just slow down, and let a car get half way in and then hit it, so I can get my front bumper fixed for free.

    Please help.

    Thanks so much in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,043

    Default Re: Lane Change Accident - Who's at Fault

    Any witnesses?

  3. #3
    Join Date
    Apr 2017
    Posts
    4

    Default Re: Lane Change Accident - Who's at Fault

    Quote Quoting adjusterjack
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    Any witnesses?
    No witness.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,043

    Default Re: Lane Change Accident - Who's at Fault

    Sorry, but without any witnesses to say that the truck driver did anything wrong, the presumption is that you made an unsafe lane change and got hit.

    Had you made a safe lane change you would not have been hit.

    That's the long and short of negligence law.

  5. #5
    Join Date
    Apr 2017
    Posts
    4

    Default Re: Lane Change Accident - Who's at Fault

    Quote Quoting adjusterjack
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    Sorry, but without any witnesses to say that the truck driver did anything wrong, the presumption is that you made an unsafe lane change and got hit.

    Had you made a safe lane change you would not have been hit.

    That's the long and short of negligence law.
    But it doesn't make any sense. In a slow traffic, anyone can hit your front car who is changing the lane.

  6. #6
    Join Date
    Mar 2013
    Posts
    17,043

    Default Re: Lane Change Accident - Who's at Fault

    Quote Quoting alanw
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    But it doesn't make any sense. In a slow traffic, anyone can hit your front car who is changing the lane.
    It does make sense, just not to you.

    The driver of the vehicle that is already in the lane gets the benefit of the doubt when another car cuts him off suddenly, no matter how slow the speed is.

    That's how it has to be.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lane Change Accident - Who's at Fault

    Make your best argument to the insurance company, and cross your fingers.

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