Adams v. Voyager Indemnity Insurance

| ARMSTRONG, J.,

dissents with reasons.

I respectfully dissent. It is the duty of a driver not to leave his lane until he “has first ascertained that such movement can be made with safety”. La. R.S. 32:79(1). A motorist entering another lane is required to determine that traffic in that lane will not be endangered. Daigle v. Mumphrey, 96-1891 (La.App. 4 Cir. 08/12/97), 691 So.2d 260, 268. Moreover, when a motorist has changed lanes just prior to an accident, that motorist bears the burden of proving that he determined that the movement could be made safely prior to attempting the move. Id. See…