Traffic laws require the use of a turn signal. Turn signals must be used when merging, turning, or changing lanes of traffic. However, the misuse of a turn signal can be as dangerous and cause as many problems as failing to use a turn signal.
When a driver misuses a turn signal, he might turn it on and not change lanes, or he or she might turn the signal on and indicate that they will be moving in the opposite direction from where they do move. Either way, it can lead to an accident that causes serious damages.
Proving Negligence
If a driver misuses their turn signal, he or she has acted in a negligent manner. When negligence can be proven, you have a strong foundation for a personal injury claim. There are four elements of negligence.
The first element is easy to prove. Anyone who is operating a vehicle has a duty or responsibility to act in a safe manner to prevent others from harm. That means adhering to traffic laws. The second element is showing that duty was broken. When a driver violates a traffic law, such as by not properly signaling, he or she has breached that duty. The third element is showing that breach of duty resulted in an accident. In this case, misuse of the turn signal led to an accident with a merging vehicle. And last, you must show that the accident caused by the breach of duty led to your injuries and damages.
When you can effectively show all four elements of negligence have been met, you have a strong basis for your personal injury claim. However, proving that a signal was misused can be challenging unless there is a video recording or unless you have a corroborating witness who can vouch for you and confirm that the signal was not used properly.
Damages That Might Result
A merging crash can lead to a variety of injuries and serious damages. Some of the injuries that might be suffered include:
- Head injuries
- Back injuries
- Neck injuries
- Whiplash
- Broken bones
- Lacerations
- Cracked ribs
Documentation to Support Claim
You will need to maintain documentation and evidence that will support your claim and show which damages you suffered. Here are some examples of supporting documentation that can help you prove economic and non-economic damages:
- Accident report
- Medical records
- Medical bills
- Proof of missed work and lost wages
- Estimates for repairing your vehicle
- Photos of damages and injuries
- Statements from eyewitnesses
Consult With a Personal Injury Lawyer
If you were involved in a crash caused by a misused turn signal by a merging vehicle, you need to consult with a personal injury attorney. Complete the Free Case Evaluation Form on this page, so your details can be shared with an accident injury lawyer. A lawyer will review your case and determine the best way to proceed. Personal injury attorneys work on a contingency basis, so you have nothing to lose.
