In South Carolina, the driver who changes lanes is usually at fault in a changing lanes accident for failing to yield and merge safely. However, fault can be shared if both drivers moved at the same time or one was speeding, distracted, or driving carelessly.
Changing lanes might seem simple, but it can cause serious car accidents. When one driver tries to merge and hits another car, the question turns to who caused the accident. Every accident is different, and determining fault requires a close look at the facts. If you’ve been injured by another driver making an unsafe lane change, you need to know what to do next.
How Do Lane Change Accidents Occur?
Most lane change accidents happen because a driver switches lanes without making sure it’s safe. These crashes often occur on highways, multi-lane roads, and in heavy traffic. The driver changing lanes might:
- Fail to signal before merging
- Misjudge the speed of other vehicles
- Move into a car’s blind spot
- Try to squeeze into tight spaces
- Merge too quickly or too slowly
Sometimes, the driver already in the lane may contribute to the crash when they:
- Suddenly speed up
- Slam on the brakes
- Drift into another lane
These collisions often lead to serious damage. The sides of the vehicles may be crushed, tires may blow, and people may be hurt. Whiplash, head trauma, and broken bones are all common injuries.
Who Is Assumed to Have the Right of Way in a Lane Change Accident?
In most cases, the driver already in the lane has the right of way. South Carolina law requires a driver changing lanes to do so safely. So, they must check mirrors, look over their shoulders, use turn signals, and make sure the lane is clear before moving over.
When a crash happens during a lane change, the driver of the car changing lanes may be at fault, especially if they didn’t yield the right of way and failed to change lanes safely. However, the full story matters. Sometimes, both drivers are at fault in a car accident.
Can Both Drivers Share the Blame For a South Carolina Lane Change Accident?
South Carolina follows a modified comparative negligence rule. That means both drivers can share blame for an accident. If one driver was mostly at fault but the other also made a mistake, each party can be assigned a percentage of fault. An example of how this works is:
- If you are 50 percent or less at fault, you can file a car accident claim, but your compensation will be reduced by your percentage of blame.
- If you are 51 percent or more at fault, you cannot recover damages.
For example, if a driver was changing traffic lanes without signaling, but you were texting while driving, a court might find that you are both partly at fault. The driver who moved might be 70 percent at fault, and you might be 30 percent at fault. In this case, you could still recover money for your injuries, but the amount would be reduced by 30 percent.
Because of this rule, it’s important to gather solid evidence after a crash. Even if you think you were partly to blame, you may still be entitled to compensation.
What Evidence is Used in Determining Lane Change Accident Fault in South Carolina?
To determine who caused the crash, investigators and insurance companies examine a range of evidence, which may include:
- Photos of the crash scene and damage
- Traffic camera or dashcam footage
- Witness statements
- Police reports
- Skid marks or debris locations
- Vehicle damage patterns
- Cell phone records or GPS data
All this information helps paint a picture of what happened in the moments leading up to the accident. For example, if the damage is to the rear side panel of one car and the front corner of another, that can help determine who hit whom and from what angle.
Having the right personal injury attorney also helps you gather and present this evidence clearly. A car accident lawyer knows what to look for and how to build a strong case to support your side of the story.
What Should You Do If You Have Been Involved in a Lane Change Accident in South Carolina?
If you’re in a lane change crash, your health comes first. Get medical care right away. Some injuries take hours or days to show up. After that, take these steps:
- Call the police – A police report can help later if you decide to file a car accident lawsuit.
- Take photos – Capture damage to all vehicles, road signs, tire marks, and injuries.
- Exchange information – Get names, insurance details, and license plate numbers.
- Get witness contact information – Their statements can support your case.
- Don’t admit fault – Even saying “I’m sorry” can be used against you.
- Speak with a lawyer – A car accident attorney can explain your rights and help you make the right moves.
Could I Receive Compensation After a Changing Lanes Accident?
If someone else caused the lane-changing crash through negligence, you may be able to recover compensation for your losses, including:
- Medical bills
- Car repairs or replacement
- Lost wages
- Pain and suffering
- Future care costs
Even if you think you were partly at fault, don’t count yourself out. In many cases, the driver who moved into your lane remains primarily responsible. South Carolina’s modified comparative fault rule gives injured drivers a chance to recover, even when they share fault in a lane change accident.
The amount you receive depends on your injuries, the other driver’s insurance, and the strength of your case. That’s why it helps to speak with someone who understands these accidents and knows how to fight for what you deserve.
Contact a South Carolina Car Accident Lawyer
If you’ve been hurt in a changing lanes accident, don’t try to handle it alone. The other driver’s insurance company may already be working to shift blame or reduce your payout. You deserve someone who can stand up for your rights and guide you through the process.
At McKinney, Tucker & Lemel, LLC, we’ve been helping people in York and Lancaster Counties since 1977. Our firm offers support in personal injury, criminal defense, and family law, with a reputation for open communication, compassion, attention to detail, cost-effective advocacy, and deep local roots.
We know how to investigate crashes, prove fault, and pursue fair compensation for our clients. You can read what past clients have to say on our testimonials page. Contact us for a consultation to get started.
