Failure to Maintain Lane Accidents

An automobile accident can turn an ordinary day into a traumatic experience in just a few seconds. Although some accidents are unavoidable, the vast majority happen simply because a motorist is not paying attention or chooses to disregard the law, safety, and reason. A prime example of such a situation is a failure to maintain lane accident, which happens when a driver ventures into a lane occupied by another vehicle and causes a collision. Whether a lane change is accidental or purposeful, the result all too often is a serious injury or even death for an innocent motorist or passenger. If you or a loved one needs dependable legal advice in these difficult circumstances, the Pembroke Pines car accident attorneys at Cohn & Smith are here to help.

A failure to maintain lane accident may happen for a number of reasons. For example, a distracted driver who is engaged in texting or other electronic device use may wander into another lane while looking down at his or her phone. Distracted driving is an epidemic in Florida and across the nation. By some estimates, one of four traffic accidents these days stems from distracted driving. Another common reason for an accident related to a driver’s failure to maintain his or her lane is impaired driving, consisting of operating a motor vehicle while under the influence of drugs or alcohol. There are also a significant number of failure to maintain lane accidents that result from a fatigued driver falling asleep behind the wheel.

In order to secure compensation following a failure to maintain lane accident, the injured person must be able to prove by a preponderance of the evidence that the defendant committed an act of negligence. To be “negligent” simply means that the defendant failed to exercise an ordinary amount of care, or the care that a reasonably prudent person would have exercised in the same or a similar situation. Negligence actions comprise four steps. First, the plaintiff must establish that the defendant owed him or her a certain legal duty. In failure to maintain lane accident cases, this may be shown by referring to traffic rules or local ordinances requiring drivers to stay in their lanes. Next, the plaintiff must show that the defendant breached his or her duty of care. This is usually a factual question that may be proven by lay testimony, expert testimony, or a combination.

A car accident victim also must establish a link of causation between the defendant’s breach of duty and the harm that befell the plaintiff. Finally, it is important to provide proof of the full extent of the damages, such as medical expenses, lost wages, and pain and suffering. The defendant may argue that the plaintiff also was negligent, such as when the plaintiff was speeding. A successful allegation of comparative negligence may result in a reduced award of damages. For instance, if the jury finds that the defendant was 75% at fault and the plaintiff was 25% at fault, the plaintiff may be able to receive $90,000 if the overall damages were $120,000.

A plaintiff in car accident cases, including those arising because of a driver’s negligent failure to maintain his or her lane, must file a claim within the Florida statute of limitations, or the plaintiff’s rights likely will be barred. This means that you should not delay in seeking legal guidance and representation. Contact the aggressive Pembroke Pines lawyers at Cohn & Smith online or at (954) 431-8100. We offer a free, confidential consultation to people who need a motor vehicle collision attorney in many South Florida cities, including Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Pompano Beach, Aventura, and many areas throughout North Dade County.