If you drive, you have encountered drivers who fail to signal. The Society of Automotive Engineers conducted a study that determined 48% of drivers either failed to use their turn signal before changing lanes or neglected to turn their signals off when they finished their lane change.
About one of every for drivers fail to signal when turning. Drivers have a responsibility to adhere to traffic regulations. Those regulations include properly using signals when changing lanes or turning. If a driver doesn’t adhere to traffic laws, he or she could be considered negligent.
If an accident results, you can use that negligent act against the driver when proving liability.
- To have a successful personal injury claim, you must prove that the other driver was negligent. There are four elements of negligence.
- The first element is you must show the driver had a duty or responsibility, which in this case is obvious. A driver has a duty to adhere to traffic laws to prevent accidents and protect others from harm.
- Next, you will need to show that duty was breached. In this case, duty was breached when the driver failed to signal.
- Next, you must show that the failure to signal resulted in the accident. If you had known the driver was cutting into your lane, the crash could have been avoided.
- And last, you must show that your damages resulted from that crash.
It might be challenging to prove that the other driver did not signal unless he or she admits to the error. It could be a he said-she said dispute. However, if you have witnesses who can confirm that the other driver failed to signal, your odds of a successful claim improve significantly.
The support of a corroborating witness can go a long way. When you call the police, they will come to the accident scene and complete an accident report. They will complete a preliminary investigation.
During this time, they will take statements from all drivers involved and they will also get statements from any eyewitnesses. During this investigation, they might be able to determine the driver failed to use a signal.
If your vehicle has a dash cam, the entire incident might have been caught on video, which can be used for your benefit. The video should show whether or not the driver used a signal when making the lane change or turning.
Consult with a Personal Injury Lawyer
If you are having trouble getting your claim approved because the other driver didn’t signal, you should talk with a personal injury lawyer. All auto accident injury claims are challenging. Don’t lose your chance to recoup compensation for your damages.
Personal injury lawyers work on a contingency basis, so you have nothing to lose. Your lawyer will not be paid until you get compensated through a settlement or judgment.
Complete the Free Case Evaluation Form on this page, so your details can be shared with a personal injury lawyer in your area. Your case will be reviewed, and the lawyer will determine the best way to proceed with your claim.
