Unsafe Lane Change Accidents
Florida law obligates drivers to take certain measures before changing lanes, but many motorists ignore such directives and switch lanes in a reckless manner. Unfortunately, when people move from one lane to another without checking their blind spots or using their turn signals, they often cause collisions, and when they crash into motorcyclists, the results can be catastrophic. If you or your loved one sustained injuries in an unsafe lane change accident, you could be owed compensation, and you should speak to an attorney regarding your rights. The assertive Cape Coral motorcycle accident lawyers of Lusk, Drasites & Tolisano, P.A. possess the skills and resources needed to help you seek just results, and if you hire us, we will advocate zealously on your behalf. Our attorneys regularly aid people injured in motorcycle collisions in the pursuit of damages in Cape Coral and in Fort Myers and Naples as well.Florida Law Regarding Lane Changes
Florida’s motor vehicle laws expressly require motorists to use caution when changing lanes. Specifically, they direct drivers to ensure that their intended lanes of travel are free from oncoming traffic and that they have clear visibility prior to changing lanes. This means that drivers must investigate whether any vehicles are approaching in the lanes they want to move into and must otherwise determine whether they can safely shift into those lanes. The law also requires drivers to activate their turn signals for at least 100 feet before changing lanes.
Generally, motorcyclists are more likely than other motorists to be involved in accidents caused by unsafe lane changes due in part to the fact that motorcycles are small compared to other vehicles and often go unnotice by other drivers. Additionally, motorcycles do not provide people with any external protection. As such, when a driver strikes a motorcyclist, the collision frequently causes serious harm, including traumatic brain injuries, hemorrhages, fractures, organ damage, and death.Recovering Damages for an Accident Caused by an Unsafe Lane Change
People who neglect to abide by the Florida laws regarding the safe operation of motor vehicles and unsafe lane change accidents may be liable for the losses arising out of their collisions. In most instances, a plaintiff in a lawsuit arising out of a motorcycle accident must demonstrate the defendant’s negligence to recover damages. Under Florida law, establishing negligence requires a plaintiff to prove that the defendant owed the plaintiff a duty. In many cases, the duty imposed on the defendant is to act with reasonable care under the circumstances, but the duty may arise out of a statute such as a motor vehicle law as well.
The plaintiff must then establish that the defendant’s acts or omissions constitute a breach of the duty and that the breach proximately caused the plaintiff to sustain damages. In other words, the plaintiff is required to prove that the accident would not have happened absent the defendant’s behavior and that the plaintiff suffered actual losses due to the accident.
It is not uncommon for a defendant in a case arising out of a motorcycle accident to argue that the plaintiff caused the crash, and therefore, the judge or jury should not impose liability on the defendant. In Florida, though, a plaintiff who is partially at fault may still recover compensation. Any damages awarded will be reduced in proportion to the defendant’s negligence, however. For example, if a plaintiff is awarded $100,000 and found to be 30% at fault, the award will be decreased to $70,000.Meet with an Experienced Florida Lawyer
Abrupt lane changes made without warning frequently cause collisions, and drivers that carelessly cause unsafe lane change accidents should be held accountable. If you were injured in a crash, it is wise to speak to an attorney about your options for seeking damages. At Lusk, Drasites & Tolisano, P.A., our experienced Cape Coral lawyers are dedicated to helping people pursue redress for their losses, and if we represent you, we will work diligently to help you protect your interests. We have offices in Cape Coral and Fort Myers, and Naples, where we frequently represent people in cases arising out of accidents. You can reach us via our form online or at 800-283-7442 to schedule a complimentary meeting.