Justia Lawyer Rating
Greater Fort Myers Chamber of Commerce
American Association for Justice
Bonita Springs Area Chamber of Commerce
Avvo
Southwest Florida Hispanic Chamber of Commerce
The Best of Cape Coral 2020

Failure to Maintain Lane Accidents

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. Contact us by calling 855-409-3419 or use our form online to set up a conference.

Client Reviews
★★★★★
“We were stressed out enough after the accident that cut our vacation short. I did not want to deal with insurance and doctor bills. LD&T took care of everything. We were able to focus on just getting better. THANK YOU!” - Kim K.
★★★★★
"Lusk, Drasites and Tolisano have been so helpful with one of the hardest times of my life after a car accident. Mark Drasites and his assistant Rebecca have kept me informed the entire way and put me at ease. They truly care for their clients and put your best interest first. They have helped me to get the best ending result possible and I would highly recommend them to anyone looking for someone to represent them." - Jennifer H.
★★★★★
"I will highly recommend this firm to anyone. I went to Bruce l Schiner and to morgan and morgan, both of them turned me away, and would not take my case. I got Mark Drasites card from my doctor and not only did they take my case, I got $20,000 when my case was done. Mr. Mark and Rebecca took very good care of me and were always on top of everything. I would use this firm again if anything happens and I will recommend them to everyone I know." - TL K
★★★★★
"Best law firm in town! Attentive and professional staff always there to answer any questions or concerns." - Limenita C.
★★★★★
"Very professional staff. They treat you like family." - Karen R.