Lane Change Accidents Lawyer
They Cut You Off, Hurt You, and Don't Want to Pay
Automobile drivers tend to think they own the road. Sure, there are a lot
of them. You’ve probably been one of them at least from time to
time. A car’s useful for driving your family to the beach or bringing
home a week’s worth of groceries.
You probably drive safely, watching out for motorcycles and bicycles,
but not everyone does. One of those types of drivers just changed lanes,
cut you off and caused an accident. Your bike is damaged, and you’re
hurt. What do you do?
What the Law Says
The company that insures the car that hit you will want to claim the accident
is your fault, or if that isn’t plausible, perhaps nobody’s
fault. If they can prove it’s your fault, they can sue you, and
you can be liable for tens of thousands of dollars in damage, maybe more.
And even if it’s nobody’s fault, depending on what type of
insurance you carry, you may not be made whole. If it’s the other
person’s fault, you shouldn’t be the one paying.
The Texas Transportation Code establishes several criteria for fault in
a lane change accident:
(1) Section 545.060 states that the driver was not allowed to move from
the lane they occupied unless the move could have been made safely. Did
they change lanes? Did they change lanes far enough ahead of you for it
to be a safe distance? Did road or weather conditions require a greater
distance than under perfect conditions to make that lane change?
(2) Section 545.061 states that if they moved from a lane to the right
over to one further left while you were moving in the opposite direction,
the right of way was yours. Did they cede that right of way to you? Were
they careless drivers who didn’t notice you switching lanes?
(3) Section 545.104 states that drivers must signal before changing lanes.
Did they signal?
(4) Section 545.056 does not apply to your situation, although many people
would think it does, so it is important to know what it says. It does
not say a car can’t change lanes within 100 feet of an intersection.
In Texas, a car can. A car can change lanes even in the middle of an intersection,
as long as it is done safely. This part of the Code applies to a driver
driving to the left of the center of the road, for example, when passing
on a 2-lane road that has only one lane of traffic moving in each direction.
That’s different from a change between two lanes of traffic going
the same direction.
So the Other Person is at Fault, Why Do You Need an Attorney?
In a perfect world, where everyone was honest, you might be able to go
to court without hiring an
injury lawyer. Texas law certainly allows you to represent yourself. However, that’s
not usually a great idea for the following reasons:
(1) Hard evidence is often lacking. You say the car driver didn’t
signal; he says he did. If that’s all a judge has to go by, he or
she will likely decline to judge fault.
Motorcycle accidents can cause serious bodily harm, including all of the following:
WHIPLASH: An accident often causes your head to whip back and forth rapidly.
Your head and neck experience forces not seen in everyday situations,
and as a result, bones, muscles, tendons and other sensitive parts of
your head and neck could be injured. Did your neck hurt after the accident
or up to several days after?
CONCUSSION AND OTHER HEAD INJURY: Hitting your head could crack your skull.
Worse, it could cause brain injury from which you might spend a long time
recovering. You might never recover. Did your head hurt? Did you feel
like vomiting? Were you having problems with vision, dizziness or memory loss?
ROAD RASH: If your bike or you slid on the ground after the crash, you’d
notice the skin injuries. A scrape may heal, but those caused by friction
against the ground often have long lasting consequences. The area could
get infected; there could even be nerve damage. Having a medical professional
clean and treat your wounds is certainly a good idea, but follow-up visits
are also important. Did your doctor notice any problems with your healing? Did you?
MUSCLE AND SOFT TISSUE INJURIES: Any part of you that hurts should be
brought to the attention of a doctor. Muscle damage following a motorcycle
crash can lead to outcomes as serious as paralysis, especially if left
untreated. Although they will not show up on a MRI or an X-ray, soft tissue
injuries can also leave you with debilitating pain. Physical therapy bills
can add up. Did your aches go away in the weeks following the crash, or
did they linger?
(3) Unless you are a lawyer, you don’t know the best way to prepare
and present evidence that will lead to fair compensation. You don’t
know the best way to obtain statements from witnesses. You don’t
have experience dealing with hostile insurance companies, the other person’s
lawyer, or the judge. You probably don’t even know what to expect
in the courtroom. If all of these things aren’t handled well, you
aren’t going to be compensated fairly.
The Doan Law Firm Can Help You
We would like to represent you. Our phone consultations are free.
Call us, and we’ll help you understand your case. We are open 24 hours a
day, 7 days a week. Most importantly, we won’t charge you a penny
unless we win your case. That’s right—no upfront fee, no charging
by the hour, no nickel and diming you. We get paid out of the settlement,
so if we don’t do a good job for you, we certainly shouldn’t
profit from you. If we didn’t get fair settlements for our clients,
we wouldn’t be in business. We have been rated number one in customer
service. You’ve suffered enough from your accident. Let us take
care of you, and together, we’ll get you the compensation you deserve.