Unlawful Lane Changes Leading to Accidents in Tennessee
How often have you had to slam on your breaks, honk your horn, or veer into another lane because someone veered into your lane? Anyone who has spent much time on Tennessee roads—particularly on I-40, I-75, I-140 or I-640—will likely answer, “Too many.”
As East Tennessee motor vehicle accident attorneys, we see a lot of wrecks (or, more precisely, paperwork resulting from a wreck) and are asked to investigate potential claims for compensation. One of the first steps we make is to procure an accident report. All too often, these reports list “unlawful lane change” or language of similar import as a basis for a citation issued to one of the parties involved in the accident.
Liability for unlawful lane change proceeds based on two theories: negligence per se and simple negligence. Negligence per se is a legal doctrine imposing liability on violators of laws that contain within their language specific standards of care. Under a negligence per se theory, breaking the law is conclusive evidence of a breach of a duty of care. Liability therefore attaches upon proof of the violation and proof that the violation proximately caused the plaintiff’s injuries.
A good example of negligence per se in the unlawful lane change context is a violation of TCA 55-8-143, “Signals for Turns.” The statute reads, “[e]very driver who intends to…turn or partly turn from a direct line, shall first see that the movement can be made in safety, and whenever the operation of any other vehicle may be affected by such movement, shall give a signal…plainly visible to the driver of the other vehicle of the intention to make such movement.” Based on this statute and applying the negligence per se doctrine, a driver may be automatically liable for injuries proximately caused by the driver’s lane change if the driver either:
- Failed to ensure that the movement could be made safely
- Failed to turn on his/her blinker.
The other driver may also be liable for a lane change causing an accident under a simple negligence theory. Under a simple negligence theory, the plaintiff must prove duty, breach of duty, and causation. Recognized perhaps in all jurisdictions is the driver’s duty to look before changing lanes, taking care to properly look out for obstructions, pedestrians and other vehicles. Accordingly, the driver is required to look in all relevant directions before changing lanes to ensure that the lane change can be made safely. This duty includes looking out for drivers who are passing or who are about to pass. It is not sufficient for a driver to simply check his/her rear and side mirrors because the only way to see a vehicle in the driver’s blind spot is to actually look.
If you have been injured by an operator of a vehicle who made an unlawful lane change, call 866-853-2888 to speak with an experienced motor vehicle accident attorney.
Source: TCA 55-8-143
