Every driver does it, usually at least once every time they hit the road. At some point, drivers end up changing lanes.
Sometimes, the lane change is to exit the freeway or to make a legal turn. As long as there isn’t a sign prohibiting the lane change it’s usually a legal maneuver.
However, not all lane changes are legal and it can result in an accident. In 2020, 256 fatalities caused by improper lane changes in Florida.
So, when is changing lanes illegal in the Sunshine State and what should you do if you’re involved in a traffic accident?
What Florida Considers an Improper Lane Change
If you receive a citation for an improper lane change in Florida, don’t worry you’re not facing jail time for the driving infraction.
An improper lane change is a moving violation and not a criminal act, and this means you’re not going to be arrested unless you’re also guilty of committing other crimes like driving under the influence (DUI). A DUI is always a criminal offense, even if you’re not guilty of improperly changing lanes.
The law is a little vague and this can lead to some confusion but in a nutshell, this is what the state’s statute says about improper lane changes:
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You can’t drive left of the center of the road, which means you can’t drive on the shoulder, even briefly to pass a slower-moving vehicle. The only exception is if law enforcement or a uniformed road maintenance employee directs you to do so. Don’t worry about trying to memorize the various road maintenance uniforms. You’re usually okay if you’re waved on the shoulder by an individual in a marked construction zone.
This also applies if there’s an obstacle or other hazard in the road. You can merge onto the shoulder to avoid hitting the hazard. - If you don’t allow for a reasonable distance between your vehicle and another driver before switching lanes. You must ensure the lane is clear and merging isn’t going to impact the safety of other drivers.
Yes, the statute includes phrasing like reasonable distance and this can be interrupted in several distinct ways. What seems reasonable to you may not be the same as another driver, and this is only one example of how the state’s improper lane change statute can leave driver's feeling confused.
The vague wording can also highlight the importance of retaining legal representation if you’re involved in an improper lane change accident.
Potential Penalties for an Improper Lane Change in Florida
As we noted earlier, an improper lane change is a non-criminal traffic violation, and this means if you dispute your ticket, your case is heard in traffic court. If you decide the ticket is fair you can face the following penalties:
- Court costs and ticket fines. However, your costs can’t exceed $250. You may also have the option of performing community service instead of paying the fine.
- Attend traffic safety classes. These classes aren’t free and it’s up to you to cover the costs
An improper lane change ticket can also add 3 points to your driving record. As long as this doesn’t take up to 12 points, you’re not in danger of losing your driver’s license.
However, if you receive 12 points in a year or less, you’re probably facing a temporary license suspension.
The suspension may only last for 30 days, but it also means you can’t legally drive for one month, and this can affect almost every aspect of life from running errands to commuting to work.
Insurance companies also pay attention to driving records.
If you receive points for the improper lane change, you may end up paying higher insurance rates. The insurance company may view you as an at-risk driver and raise your premiums.
What to Do If You’re Involved in an Improper Lane Change Accident
Whether you’re guilty of the improper lane change or another driver, the steps to follow after the accident are the same. The first thing you should do is report the accident, and Florida law requires immediate reporting of almost all traffic accidents. There are exceptions if there isn’t any property damage, injuries, or fatalities, but it’s still a good idea to report any vehicle collisions.
Reporting the accident immediately can make it easier to establish blame. Even though you’ll file a claim with your PIP provider, regardless of fault, determining blame can help support your version of the accident if you decide to file an insurance claim against the other driver. After reporting the accident, there are still a few more steps you should take if possible.
Seek Medical Attention
Even if you don’t have any visible injuries, it’s still a good idea to make an immediate medical appointment. You may have internal injuries and these aren’t always immediately obvious. Your PIP insurance provider is also going to request medical documentation if you decide to file a claim.
The same applies to the other driver’s insurance company. If you seek additional compensation, you’re going to need to provide proof of your injuries. Along with your medical records, you’ll also need any bills, receipts for payments made, and prescriptions.
Document the Accident Scene
Trying to prove an improper lane change is the cause of the accident can be challenging, especially if there aren’t any witnesses or surveillance footage. Even though proving fault isn’t always cut-and-dried. Florida also follows comparative negligence rules and this can make things even more complicated.
Comparative fault allows more than one individual to be responsible for an accident, and this can mean even if you made the improper lane change, the accident may not entirely be your fault.
To help make sure that you’re not assigned more than your fair share of the blame, try to take some pictures of the accident scene. Focus on the position of the involved vehicles, this may make it easier to determine fault.
Contact an Experienced Accident Attorney
Since improper lane change accidents can make determining fault challenging, it’s wise to contact a personal injury attorney. Your attorney can leverage resources like accident reconstruction specialists to help establish who is primarily at fault.
Having their expert analysis on your side can be essential in building a strong case and ensuring you receive the compensation you deserve.
ABOUT THE AUTHOR
Fred Felton
Content Creator / Editor
Fred Felton is a copywriter, editor and social media specialist based in Durban, South Africa. He has over 20 years of experience in creating high end content. He has worked with some of the biggest brands in the world. Currently Fred specialises in the motorbiking adventure space, focussing on all types of biking both on and offroad. He is also a keynote speaker and has presented talks and workshops in South Africa.
