Failure to Maintain Lane Accidents
Motor vehicle accidents unfortunately happen all too often. In some cases, they result from drivers failing to maintain a lane properly, or failing to change lanes safely. At Miller Legal Services, our skilled auto accident lawyers can provide individuals in Marietta and the surrounding communities with the diligent representation they need to assert their rights against at-fault parties. With years of experience, we are familiar with how these claims unfold and can aggressively help you pursue compensation.Holding a Negligent Driver Accountable for Swerving Across Lanes
Lanes are designed to keep people safe on roadways. If a driver fails to maintain his or her lane or unsafely changes lanes, the consequences can be devastating. According to the 2008 Crash Analysis, Statistics, and Information Notebook compiled by the Georgia Department of Transportation, improper lane changes are the fourth-most common factor contributing to car accidents in this state.
A lane change wreck occurs when one of two automobiles traveling in the same direction drifts or encroaches into the path of the other vehicle. A lane change accident can also take place when a driver changes lanes without properly checking whether it is safe or not and collides with another vehicle in a parallel lane.
Someone who causes a car wreck because of failing to maintain his or her lane may be liable for any resulting harm under the theory of negligence. Negligence consists of an individual’s failure to use the degree of care that a reasonable person would exercise under the same or similar circumstances. Drivers have a duty to drive in a way that does not endanger others on the road. Therefore, people who carelessly change lanes or drift out of their lanes violate not only traffic laws but also this duty of care.
In order to prevail in a negligence lawsuit, the plaintiff has the burden of demonstrating that the driver owed the victim a duty of care, the driver breached this duty with some careless action, the wreck was caused by the defendant’s breach, and quantifiable damages were incurred. The causation element requires showing both that the wreck would not have happened but for the defendant’s breach of duty and that it was a reasonably foreseeable result of the breach.
If a plaintiff can prove a defendant’s liability, he or she may be able to recover compensatory damages for objective, economic costs like medical expenses, lost wages and income, rehabilitation costs, and property damage. Plaintiffs may be able to recover noneconomic damages as well, such as emotional distress or pain and suffering. In some situations, the spouse of a victim may also be able to seek compensation for loss of consortium.Consult a Marietta Lawyer to Protect Your Rights after a Motor Vehicle Accident
If you or someone close to you has been hurt due to an unsafe lane change by a driver in the Marietta area, it is important to speak to a car wreck attorney who can assess the details of your case. At Miller Legal Services, we aim to achieve a favorable settlement as efficiently as possible. However, we can zealously advocate for you in the courtroom if necessary. We also represent accident victims in Roswell, Smyrna, and elsewhere in Georgia. For a free initial consultation, call us at 770-284-3727 or contact us online.