Who Is at Fault in a Lane Change Accident in Florida?

A driver who changes lanes without checking first to be sure the adjacent lane is clear can cause a car accident that results in serious injuries. Improper lane changes lead to many collisions and side-swipe accidents. The Insurance Information Institute reports 6.6 percent of all fatal crashes in 2019 involved drivers or motorcycle operators who failed to remain within proper lanes.

If you have been injured in a lane change accident in Tarpon Springs, Spring Hill, Clearwater, St. Petersburg, or other cities in the Tampa Bay area, and another driver was at fault, you may have questions about how to recover compensation for your losses.

At Zervos & Calta, PLLC, our experienced Florida car accident lawyers can help you determine who was responsible for your Florida lane change accident. We can help you build a compelling case for the compensation to cover your losses and move forward. Contact us today for a free initial consultation.

Who Is at Fault If Someone Merges Into You in Florida?

In most cases, the driver who merges into a new lane is at fault in a Florida lane change accident. Florida law prohibits drivers from entering new lanes until they are certain they can merge safely. Drivers need to look to the side and check to make sure the lane is open and no vehicle is hidden in a blind spot. Drivers who merge into new lanes and collide with other vehicles may be held financially responsible for their negligent actions in lane change accident claims.

Sometimes other road users may bear responsibility for lane change accidents, too. A driver, cyclist, or pedestrian who unexpectedly cuts in front of a motorist, may cause the motorist to veer into another vehicle in a neighboring lane. In this scenario, the negligent road user who cut off the approaching motorist may be liable for the wreck.

If you were involved in a lane change accident in Florida, the other driver may claim you were partially at fault. If the other driver can present evidence suggesting you were partly liable, it could affect the amount of available compensation for your claim.

This is because Florida follows a pure comparative negligence doctrine, which reduces your potential compensation based on the percentage of fault you contributed to the accident.  Comparative negligence means when an accident occurs, multiple parties may share fault. A knowledgeable lane change attorney can help you identify and preserve evidence to demonstrate that the other driver was at fault.

Is Florida a No-Fault State for Auto Accidents?

Florida is a no-fault state when it comes to auto accident claims. Florida drivers must carry no-fault auto insurance to cover their own initial financial expenses after a car accident. No-fault insurance benefits are available to policyholders no matter who was at fault in an accident.

However, it’s important to understand that “no-fault” does not necessarily mean that fault plays no role in Florida auto accidents. No-fault insurance simply requires drivers to file their initial claims with their own insurance providers.

Drivers with registered vehicles in Florida must carry insurance coverage of at least:

• $10,000 in personal injury protection (PIP) coverage, which pays for the policyholder’s accident-related medical expenses
• $10,000 in property damage liability (PDL) coverage, which pays for property damage caused by the policyholder.

Note that bodily injury liability coverage, which pays for injury or death caused by the policyholder, is not required. This can be significant if an accident victim sustains a “serious injury” that allows them to step outside of the no-fault system and pursue compensation from the at-fault party.

Who Decides Which Driver Was at Fault in an Accident in Florida?

If you sustained serious injuries in a Florida lane change accident, you may be wondering who will decide which driver was at fault. The following parties are typically responsible for determining fault after an accident:

• Police officers – Florida law enforcement officers respond to the scenes of most accidents that result in injury, death, or significant property damage. In addition to securing the scene and rendering aid, police officers will usually investigate the accident, then report their findings and official opinions regarding who was at fault. Although police officers do not determine who is at fault in insurance claims, their reports and opinions can still be influential.

• Insurance companies – When one or both parties file insurance claims, insurance adjusters conduct their own investigations to assign fault. An adjuster may consider evidence from police reports, their own visits to the accident scene, and testimony from eyewitnesses to determine who was at fault and whether the insurance company owes money.

• The courts – Some lane change accident claims end up in court. A civil jury will determine who was at fault after hearing testimony and reviewing evidence related to the case. The court also decides how much to award if the claimant is owed compensation.

Do You Legally Have to Let Someone Merge in Florida?

Florida law does not require you to allow someone to merge into your lane in traffic. While letting another motorist merge in front of you may be a polite thing to do, it’s not something you are required to do. In fact, in some circumstances, allowing someone into your lane could pose a risk to you or other motorists if you have to slow down suddenly to allow another driver to merge in front of you, for example. It may be best to maintain your position and avoid letting them merge until it’s safe.

When you are traveling in a single lane on a public highway or multi-lane road, you have the right of way within that lane. You are not obligated to yield to others or slow down unless an emergency vehicle is approaching. Other drivers who want to merge into your lane must yield to you by waiting to enter the lane in front of or behind you until they are certain it’s safe to do so.

Contact Regarding a Lane Change Accident in Florida

The lane change accident attorneys of Zervos & Calta, PLLC, have more than 50 years of combined legal experience helping Florida injury victims seek justice. Contact us today for your free initial case review to learn more about how we can help you.

About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.