Drivers who fail to stay in the proper lane, or make lane changes in an unsafe manner, cause many accidents. These collisions can result in significant property damage and serious injuries. The skilled car crash attorneys at the Law Offices of Robert Dixon are experienced in these types of claims and take pride in helping victims near Miami or elsewhere in Florida. Let us fight to protect your rights. We have assisted countless individuals in Palm Beach, Miami-Dade, and Broward Counties in pursuing compensation for their harm.
Failure to Maintain Lane Accidents Can Cause Serious Injuries
Under Florida traffic law, drivers are required to stay in their respective lanes and may switch only if and when it can be done safely. A person may not change lanes until after making sure there are no other vehicles approaching or passing who could collide with his or her car. A driver who fails to stay within the designated lane may cause a serious accident, whether from swerving in a dangerous or careless manner or by veering out of a lane due to driver distraction or impairment from drugs or alcohol.
Seek Compensation From a Negligent Motorist
Someone who causes an accident due to failing to maintain his or her lane, or switching lanes unsafely, can be held responsible for any injuries that result. As a victim of this type of crash, you generally must show that the driver was negligent to assert your right to damages. You would try to prove that the defendant owed you a duty of care, breached that duty of care by carelessly veering outside the lane, caused an accident because of that careless conduct, and forced you to incur actual damages as a consequence.
All drivers have a duty of care to others on the road to operate their vehicles in the same manner as a reasonable and prudent person under similar circumstances. Someone who fails to check for other vehicles when switching lanes on a highway would probably not meet this standard.
Additionally, if a driver was under the influence of alcohol or drugs, a claim may be pursued under the simplified legal theory of negligence per se, which is negligence as a matter of law. In this situation, the duty and breach elements of the claim are presumed if a person has violated a statute that was enacted to protect a certain group of people from a specific type of harm. In Florida, it is a crime to operate a motor vehicle under the influence of drugs or alcohol. This law was enacted to safeguard anyone on the road from the dangers associated with an impaired driver. A victim must still show the defendant’s intoxicated condition was the cause of the accident to receive compensation.
Serious injuries could result from an accident caused by a driver’s failure to maintain his or her lane. After a victim has shown liability, he or she may be entitled to damages that include past and future medical costs, loss of earning capacity and income, and pain and suffering. In the tragic event that your loved one loses his or her life as a result of a motorist’s negligence, you can consider filing a wrongful death claim to pursue compensation.
