driving speeding
Who&#39;s at fault for crashes while changing lanes if the driver who isn&#39;t changing lanes speeds-up beforehand?
<p>I live in Minnesota (USA). I have only had my Driver's License for about a year now, and I recently had a bad experience. I was moving into a turn lane, and someone revved their engine, sped up, and cut me off before I was able to move into it. If I hadn't been watching carefully, it could have been a crash.</p>

<p>I think normally the one who is at fault in these situations is the person who's changing lanes, but the special circumstance confuses me.</p>

<p>I am glad that nothing else happened. However, if we had crashed, who would've been legally at fault? Would it have mattered if I could've provided evidence that they sped up, or that I had my turn-signal on? What other factors may be considered?</p>

<p>The person who is changing lanes has the responsibility to make sure that they have space to move into. Suppose there was a person in front of you in the destination lane who hit the brakes suddenly - if you change lanes and rear-end them, that's your fault, because you failed to leave enough distance. I don't see how it's any different in this case, where the person is behind you and accelerates suddenly. A turn signal doesn't give you the right to change lanes at will, you are responsible for making the maneuver safely. It's poor driving etiquette for the other guy to cut you off like that, but it's up to you to ensure there's space as you move over.</p>

<p>From your description of the incident, it sounds like your actions initiated the sequence of events, and it was also your actions that prevented the accident. From that, it seems highly likely you'd be found at fault if the accident had happened - in that scenario, your actions would have created the situation, and you also would have failed to take action to avoid the accident.</p>

<p>Everyone has the duty to avoid accidents, at all times. </p>

<p>When you change lanes, you have more than the normal duty: You have to check that the other lane is empty, that there is no slow traffic in front of you in that lane that you would bump into, and that there is no fast traffic behind you in that lane that would bump into you. You even have to check the next lane if there is one, because if there is a good gap that you can enter, someone might try to enter that gap from the other side just as you want to change lanes. </p>

<p>On the other hand, that doesn't give others free license to run into you when you try to change lanes. If you set your indicator to switch into a sufficient gap in my lane, and I accelerate intentionally to stop you from entering that gap, an accident may very well be my fault. Even if I don't do it intentionally, if I see you entering my lane I cannot just continue and drive into you, I have to brake instead. (If you set your indicator to switch into an insufficient gap, I also have to try to avoid an accident, but it would likely be your fault if I fail). </p>

<p>So it's not automatic who is at fault, it depends on the situation. </p>

<p>In Germany, the rule is that if you drive fast (faster than 80mph on the motorway), you <em>must</em> expect other drivers to make mistakes. For example, if you see a car close behind a lorry, you <em>must</em> expect that the car might start overtaking and drive into your lane, even though you are approaching at high speed and this is dangerous. You have to be prepared for this, and if you're not, an accident is at least partially your fault. </p>

<p>The other answer is technically incorrect, as Ohwilleke pointed out.</p>

<p>None of us were there, but the police would look at the situation and if the person really did hit you because they sped up that person would be cited for failure to reduce speed. </p>
