Failure to Maintain Lane Accidents
Drivers who fail to remain in their lane or who change lanes in an unsafe manner may be held accountable if their driving errors cause a car accident. Raleigh car accident lawyer Carl Nagle and the team at Nagle & Associates only handle motor vehicle collision cases, and we are dedicated to providing immediate answers and caring legal services to every one of our clients. Our sharp legal focus only on roadway accident cases results in thorough, dedicated representation for injured individuals seeking compensation following an accident involving a car, truck or motorcycle. We have helped victims assert their rights throughout the state, and we currently have offices in Raleigh, Wilmington, Winston Salem, Asheville, Hickory, Greensboro and Charlotte.
Failure to Maintain Lane Accidents Often Cause Serious Injuries
North Carolina law requires that drivers remain in their respective lanes without weaving or swerving. They are permitted to change lanes only if and when it can be done safely. When a driver fails to stay in their designated driving lane, and their carelessness causes harm to someone else, the driver and their insurance carriers can be held financially responsible for all damages and financial losses arising from the collision.
As the plaintiff in a negligence claim, the victim must prove that the defendant driver owed them a duty of care, breached that duty, and caused an accident in which they suffered actual damages. All drivers are obliged to operate their cars in the same way that a reasonable person would handle them under similar circumstances. A breach of the duty of care may be shown, for example, if the defendant driver failed to check their blind-spot for other vehicles before switching lanes.
Establishing causation means that the plaintiff must show that the defendant’s conduct, rather than some intervening factor, directly resulted in their injuries. The plaintiff also must point to quantifiable costs and losses, or damages, arising from the accident. Collectable money damages may be presented in the form of medical bills, lost wages from work, and medical opinion letters establishing the need for and the costs of continuing medical care. Damages that may be recovered range from those that are objectively quantifiable, such as hospital costs, to those that must be measured more subjectively, such as pain and suffering or reduced quality of life.
One critical issue in a personal injury claim stemming from a defendant’s failure to stay in the appropriate lane or make a safe lane change is the legal defense of contributory negligence. North Carolina’s pure contributory negligence law bars a plaintiff from recovering damages if they were partly responsible for causing the accident. The doctrine of pure contributory negligence is strict, and since it precludes recovery if the plaintiff was at fault to any extent, it is essential for a plaintiff to prove that full responsibility lies with the defendant. Accident reconstructionists and other expert witnesses may be helpful in this effort, and your motor vehicle collision attorney can craft a strategy to thwart allegations of contributory negligence by a defendant.
One other step that should be taken in a serious injury case is to identify all insurance carriers and other outside parties who may also owe for the victim’s damage claims. For example, an at-fault driver who borrows another person’s car and then causes an accident may be covered under two car insurance policies – the policy covering the vehicle and the driver’s own policy if the coverage is separate. Also, if an at-fault driver was employed and on the job when an accident occurs, the employer shares responsibility for the victim’s personal injury claims. In these cases, the employers CGL/Business Liability insurance policy will contribute coverage and payment for the victim’s accident and injury claims.
Seek Guidance from a Car Accident Lawyer in Raleigh or Surrounding Areas
People injured by a driver’s careless actions have a right to hold that driver and potentially other people or entities liable. If you or a loved one has been hurt in a motor vehicle crash due to someone else’s swerving, weaving, or unsafe lane change, Raleigh car accident attorney Carl Nagle can help you understand your legal rights and obligations. He is familiar with the strategies that defendants and insurers may use in response to a deserving claim, having spent the early years of his career as an insurance claim adjuster and as an insurance defense attorney. At Nagle & Associates, our sole goal is to maximize the compensation received by injured individuals throughout the state. For this reason, we charge a smaller percentage of a settlement or verdict award than most personal injury law firms. Also, you pay nothing up front to hire our firm and we are paid only if and when we collect money for you. We have helped many people who need a motor vehicle collision attorney in Raleigh, Winston-Salem, Asheville, Wilmington, Greensboro, Hickory, and Charlotte, as well as other communities throughout Wake, Forsyth, Durham, Mecklenburg, Guilford, Cumberland, Brunswick, and Catawba Counties. We can be reached now by calling (800) 411-1583 or using our online form to send an email directly to Mr. Nagle.