In a California car crash, the driver who cuts off another car and causes a collision is usually liable for the accident. This is because the crash resulted from them breaking traffic laws by not checking to ensure it was safe to change lanes. However, several factors may affect liability in such cases, making other parties responsible for the crash.
This article will help you understand who is liable for a California car crash involving a car cutting off another car and the legal steps to defend your rights in such cases.
Why Do Drivers Cut Off?
One of the most common reasons drivers cut off another car is when they are in a hurry. This is especially true if the vehicle in front goes significantly slower than the rest of the traffic. Other reasons include:
- Drivers may not be completely aware of their surroundings or neglect to look in their blind areas before changing lanes, which can cause them to unintentionally cut off other cars.
- Distractions like talking on the phone, adjusting the radio, or eating while driving can make it challenging for drivers to concentrate and see other cars, resulting in abrupt lane changes.
- Some drivers may exhibit aggressive driving techniques, like weaving in and out of traffic or speeding, which raises the risk of cutting off other cars.
- When trying to merge or change lanes, drivers may mistakenly cut off other drivers by misjudging the distance or speed of different vehicles.
- Impatient or in a hurry can make sudden lane changes without looking for oncoming traffic, which increases the risk of cutting off other cars.
Several factors, including inattention, aggression, poor judgment, and impatience, frequently lead to cutting off other cars on the road. Avoiding accidents caused by vehicles cutting off requires them to drive defensively, maintain a high level of awareness, and obey traffic laws.
Is It Legal to Cut Off Another Vehicle in California?
While lane changing is allowed, cutting off another vehicle, especially when making an unsafe lane change, is prohibited in California. According to California Vehicle Code 22107, drivers must signal safely and adequately when changing lanes.
The legislation mandates that drivers may not change lanes:
- Without first making sure it is safe to do so.
- Doing so won’t interfere with the safe functioning of any other vehicles.
Moreover, other laws indicate how to overtake or pass another vehicle safely:
- California Vehicle Code 21750 mandates that drivers must pass and overtake other vehicles on the left side of the road while maintaining a safe distance.
- California Vehicle Code 21753 states that the driver of a vehicle being overtaken must safely transition to the right side of the highway, yielding to the overtaking vehicle after receiving an audible signal or a brief flash of headlights. The driver must also avoid accelerating until the overtaking vehicle entirely passes.
- California Vehicle Code 21757 states that vehicles may pass stopped or moving buses and streetcars on the left, but only if instructed by an official or on a one-way street.
- According to California Vehicle Code 21758, if a vehicle is traveling at less than 20 miles per hour outside of business or residence districts, another car cannot overtake and pass unless it’s traveling at least 10 miles per hour faster than the slow-moving vehicle and completes the pass within a quarter-mile distance.
Remember that you can change lanes safely without risking road safety. Always follow California laws about lane changes to avoid legal penalties for illegal lane changes and car accidents.
Can I File a Claim for a California Car Crash When Another Car Cuts Off?
Generally, you may file a personal injury claim to receive compensation for the damages of a California car crash if it results from another driver’s negligence. As such, you must have evidence to prove that their negligence directly caused the accident.
When demonstrating negligence, ensure to justify the following elements:
- The driver was responsible for protecting the safety of all road users.
- They failed to fulfill this duty.
- The breach of duty caused an accident.
- The crash resulted in injuries and other damages.
So, if a driver unsafely cuts you off and causes a collision, they may be liable for the damages. For example, a driver was distracted by their phone and later noticed a vehicle in front of them stopped due to a red light. With the short distance and time to avoid the collision, they veered off to another lane. However, the vehicle still hit the side of the car’s side in front of them. In this case, the driver who suddenly switched lanes may be liable for the accident.
On the other hand, you may share liability for the accident involving a car cutting off another car if your actions contributed to it. For instance, you were driving at a significantly slower speed compared to the traffic around you. Since it was a fast-moving highway, the driver behind you cut you off and changed lanes. Unfortunately, their action resulted in a collision with you. In such a case, you may also be responsible for the damages.
You may still pursue a personal injury case in California regardless of how much you contributed to the crash. Under pure comparative negligence, your settlement will likely be reduced depending on how much damages you caused.
In the scenario above, if the court finds you 20% at fault, you may receive an 80% settlement. Meanwhile, the other driver can contend for 20% of compensation for the damages. This is why it is crucial to hire a California car accident lawyer who can assess your case’s facts and prove liability.
What Happens If the Driver Cuts Off, Causing a No-Contact Accident?
Collisions may occur due to a car cutting off another car. Sometimes, despite doing an illegal lane change, the vehicle can cause accidents involving other cars, leaving their vehicle unscathed from the crash. This is called a no-contact accident.
For example, a distracted driver suddenly changes lanes when they notice they are close to hitting the vehicle in front of them. Since you are behind that vehicle, you do not know that the other driver avoided a collision. As a result, you rear-end the vehicle that the initial car avoided. In such a situation, the distracted driver may be liable for the damages since their actions caused the collision.
Can I Still Receive Compensation If the Driver Fails to Stop?
Unfortunately, there are cases where the at-fault driver who caused the no-contact accident may flee from the scene without knowing they caused a crash. Since their vehicle is not damaged, they may not see the impact of their actions.
When this happens, you may use your insurance policy to pay the damage expenses, such as:
- Auto car insurance
- Uninsured Motorist Coverage
- MedPay
- Health insurance
Lawyer’s Tip: An Uninsured Motorist Coverage can pay for several damage costs, such as medical bills for you and your passenger from the accident, car parts replacement, and other property damage expenses. Contact a car accident lawyer to learn more about your rights.
Do I Need the Help of a Car Accident Lawyer in California to Defend My Case?
Being involved in a vehicle accident involving a car cutting off another car may be challenging. When proving a California car crash due to illegal lane changes, you must have the necessary evidence to show that the violation directly caused the crash to determine liability. What happens if the driver keeps driving away because they are unaware they have caused a collision?
An experienced car accident lawyer in California can navigate the complexities of your case to ensure fair compensation for all damages. They can:
- Collect sufficient evidence to prove the other party’s negligence.
- Establish liability for the accident.
- Evaluate the full extent of damages suffered.
- Manage communication with the insurance company.
- Ensure compliance with all relevant legal deadlines.
- Proceed to trial if necessary.
At the Law Offices of Larry H. Parker, our skilled California car crash lawyers are committed to helping you seek rightful legal recourse through a personal injury claim against the responsible party. They will thoroughly review your case details and develop customized legal strategies to meet your needs.
To schedule a complimentary consultation and explore your legal options with the best car accident lawyer in California, contact our office at 800-333-0000.
What Our Clients Have to Say About Us
While numerous personal injury lawyers can handle your bodily injury claim and devise a legal strategy, our team distinguishes itself through unwavering advocacy. Our personal injury attorneys are fully prepared to build a strong claim, a testament validated by our previous clients.
“From the moment I called them to the moment the case finished, they took care of everything, and I got the proper care and compensation for my time. There’s a reason they are top notch in what they do, and it seems they will be there for years to come.” – E. Castro.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Four Fast Facts You Should Know About Your Personal Injury Claim and Medical Record Releases
- 6 Things To Consider When Calculating Personal Injury Settlements
- Signs to Know If You Have a Long-Term Injury After a Car Accident
- How the Burden of Proof Works in California Personal Injury Cases
Works Cited
“California Vehicle Code 21757.” Case Text, https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-3-driving-overtaking-and-passing/article-3-overtaking-and-passing/section-21757-overtaking-and-passing-or-driving-upon-left-of-interurban-electric-o. Accessed 30 April 2024.
“California Vehicle Code 21758.” Case Text, https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-3-driving-overtaking-and-passing/article-3-overtaking-and-passing/section-21758-overtaking-and-passing-slow-moving-vehicle?sort=relevance&type=case&. Accessed 30 April 2024.
“Section 21750 – Driver overtaking vehicle proceeding in same direction, Cal. Veh. Code § 21750.” Casetext, https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-3-driving-overtaking-and-passing/article-3-overtaking-and-passing/section-21750-driver-overtaking-vehicle-proceeding-in-same-direction? Accessed 30 April 2024.
“Section 21753 – Driver of overtaken vehicle must move to right-hand side of highway, Cal. Veh. Code § 21753.” Casetext, https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-3-driving-overtaking-and-passing/article-3-overtaking-and-passing/section-21753-driver-of-overtaken-vehicle-must-move-to-right-hand-side-of-highway? Accessed 30 April 2024.
“Section 22107 – Turning from direct course or moving left or right upon roadway, Cal. Veh. Code § 22107.” Casetext, https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-6-turning-and-stopping-and-turning-signals/section-22107-turning-from-direct-course-or-moving-left-or-right-upon-roadway. Accessed 30 April 2024.
