Cape Coral Attorneys Representing People Injured in Car Crashes
One of the first rules people learn when they are driving is to stay in their lane. Unfortunately, many distracted drivers carelessly drift into adjacent lanes, causing failure to maintain lane accidents. If you suffered injuries due to another driver’s reckless lane departure, you should consult the Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. regarding what claims you may be able to pursue in a civil lawsuit. We take pride in helping people injured in car accidents seek redress for their harm.
Driver Duties Under Florida Law
While common sense dictates that drivers should maintain their lane of travel for the safety of themselves and other people on the road, this is not just required as an act of courtesy. The Florida legislature enacted a specific law imposing a duty on drivers to stay as nearly as practicable within a single lane of travel on a public road. Drivers must also confirm that any lanes they wish to enter are clear and free of oncoming vehicles before changing lanes. They also must use their turn signals to indicate their intention to change lanes for at least 100 feet before moving into another lane. Drivers who fail to abide by these duties may cause collisions, as well as be cited for traffic violations. Because accidents caused by a driver’s failure to maintain his or her lane of travel often occur at a high rate of speed, significant injuries, including fractures, traumatic brain injuries, spinal injuries, and hemorrhaging, often result.
Pursuing Compensation Following Failure to Maintain Lane Accidents
Most car accidents arising out of a driver’s lane departure are caused by careless rather than intentional acts. As such, in lawsuits for failure to maintain lane accidents, the plaintiff will assert a negligence claim against the defendant. In Florida, a plaintiff pursuing compensation under a theory of negligence must show that the defendant owed the plaintiff a duty, but that the defendant’s actions constituted a breach of the duty. The plaintiff must also show that the breach of the duty caused the accident and his or her subsequent harm. While the breach does not have to be the sole cause of the accident, it must be a significant factor in bringing about the accident.
While, in most cases, the duty imposed on a defendant is the duty to exercise reasonable care, in cases involving lane departure accidents, the duty to maintain a single lane of travel is imposed by law. As such, if a defendant received a traffic citation for failing to maintain his or her lane, the plaintiff can point to the citation as evidence that the defendant acted negligently. Additionally, a police report prepared following a failure to maintain a lane accident will usually cite the defendant’s actions as the cause of the accident, which will provide the plaintiff with strong evidence in support of the argument that the defendant should be held liable. An attorney experienced in handling car accident claims can help review the police report and determine if further investigations are needed to identify additional responsible parties.
In some instances, a defendant may attempt to argue that the plaintiff caused the accident by speeding or otherwise driving recklessly, and therefore the plaintiff’s claims should be dismissed. Even if a plaintiff is found to be partially at fault for an accident, however, it will merely diminish the damages the plaintiff is awarded, but will not bar his or her right to recover compensation.
Talk to an Experienced Car Accident Lawyer in Cape Coral
Drivers have a duty to operate their vehicles in a safe manner, which includes staying in a single lane. If you were hurt in an accident caused by a driver’s failure to maintain his or her lane of travel, you should talk to us about your rights. The skilled attorneys of Lusk, Drasites & Tolisano, P.A. assist people in car accident cases from our offices in Cape Coral, Naples, and Fort Myers.
No Fees Until We WinWe offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
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As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases.
In Practice Since 1982We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.
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