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Lane change collisions between smaller vehicles and big rigs can be catastrophic for occupants of the cars, as trucks are so much heavier. Unfortunately, even if motorists exercise caution when passing 18-wheelers, they cannot rely on commercial drivers to do the same. If you were hurt in such an accident with a tractor-trailer, a personal injury attorney from O’Connor, Mikita & Davidson will determine liability and help you devise a strategy to secure compensation for the damages. Here, the personal injury attorneys discuss how to determine fault.

Commercial Driver Liability

Because their vehicles have such large blind spots, commercial drivers must exercise considerable caution when changing lanes. This includes using their turn signal, giving themselves plenty of time to make the change, and only moving over when the path is marked with dotted lines. When truckers fail to do any of the above, and it results in an accident, they are typically responsible for the damages.

personal injury attorneySometimes, commercial drivers can cause serious collisions when they are not attempting to change lanes. For example, if they fall asleep at the wheel or pay attention to anything other than the road ahead, they may drift out of their area and cause a catastrophic sideswipe crash. 

Passenger Vehicle Motorist Liability

In some cases, passenger vehicle motorists are liable for big rig accidents involving lane changes. If they ignore a truck’s turn signal and attempt to pass recklessly, for example, they could be responsible for the resultant sideswipe collision. Motorists can also be at fault if they make a sudden or illegal maneuver in front of a tractor-trailer, forcing the trucker to slam on the brakes or move over to avoid a rear-end or T-bone crash.

In some lane change incidents, both the trucker and the passenger vehicle motorist share liability. When this is the case, the state of Ohio applies proportional comparative fault, which means parties can only recover compensation for the damages they incurred if they were less than 51% at fault for the accident.   

If you were hurt in a lane change accident with a big rig, but you’re not sure how to prove liability, contact O’Connor, Mikita & Davidson. After evaluating the circumstances of the collision, a compassionate personal injury attorney on their team will devise the most strategic way to secure the compensation you deserve. Visit their website to view their full range of legal services, or call (513) 793-5297 to schedule a consultation with a personal injury attorney today at one of their three Cincinnati locations. 

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