Q: Cited for an improper lane change, can I get the ticket dismissed if the improper lane change didn't cause the wreck?
I was cited for an improper lane change causing an accident. The person who struck me said I turned into her, but really she rear ended me, trying to obtain video footage from that collision, but if I can prove that I had completed my turn and was established in my lane before I was struck, can I have the ticket dismissed?
A:
Your question actually has two different answers; for "improper lane change," causing a wreck is not actually one of the elements of the charge. People get issued improper lane change tickets without causing an accident all the time. The issue of whether or not your lane change caused the accident is really more to determine responsibility for the damages to each car, and traffic court doesn't address that.
That being said, if you can obtain video, It could help you in two ways: first, it might show that while you did perform an improper lane change and could then be found guilty by the judge (or a jury), but not necessarily responsible for the damages to the other vehicle. That's something the insurance companies will flesh out for themselves, but it might help yours avoid liability.
Second, if the video shows that your lane change was not improper, then It would go to prove that you were not guilty for the chargeyou were ticketed for, nor would you (your insurance company) likely be responsible for the damages.
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