Defending a Collision Suit Against a Driver Who Changed Lanes Improperly

Attorney Answer

You are not defenseless. The driver suing you had his own duty before moving over, and Oklahoma splits fault rather than handing it all to one driver — but you must respond to the lawsuit on time or none of that matters.

47 O.S. § 11-309 governs lane changes. On a roadway divided into two or more clearly marked lanes, a vehicle must be driven as nearly as practicable entirely within a single lane, and must not be moved from that lane until the driver has first ascertained that the movement can be made with safety and has signaled the intention to change lanes for not less than the last one hundred feet traveled. "I couldn't see him" is not the standard; the statute puts the burden on the moving driver to make sure the move is safe before making it. A violation can support a negligence-per-se argument against him.

How that plays out is set by 23 O.S. § 13. Fault is apportioned among those responsible, and a party's recovery is barred only where his negligence is of greater degree than the combined negligence of those causing the damage. If a jury finds him mostly to blame, he takes nothing; if fault is split with you on the smaller side, his award is reduced by his share. Do not count on the open containers alone — whether alcohol evidence comes in, and what it proves about impairment at the moment of impact, is a separate fight that depends on the officer's observations and any testing.

What you can do 1. Find your service date and calendar the Answer deadline immediately; failing to answer produces a default judgment and no defense survives it. 2. Send the lawsuit papers to your auto insurer today. Your liability coverage generally obligates the insurer to provide a defense lawyer at no cost to you. 3. Get the full crash report and the officer's narrative documenting the open containers, plus any citations issued to him. 4. Preserve your own evidence on the headlights: repair records, bulb receipts, or proof they failed without warning. 5. Ask your lawyer about a counterclaim for your own injuries and vehicle damage; it is generally filed with the Answer, not later. 6. Do not discuss the crash with him and do not post about it.

⏱ Time limits apply. The Answer deadline in the summons is the urgent one and it is measured in days, not years. Oklahoma's personal-injury limitations period governs any claim of your own and runs from dates specific to your facts.