Failure to Maintain Lane Accidents

People typically change lanes multiple times when driving. Appropriate lane changes often involve checking mirrors, turning on a turn signal, and reducing speed. Accidents caused by a sudden lane change can be terrifying. Failure to maintain lane accidents may occur because someone switches lanes without using a turn signal, improperly passes another vehicle, or fails to check a blind spot. At Sharifi Firm, our Los Angeles car accident attorneys are dedicated to helping Los Angeles residents who have been struck by careless drivers.

Every time that a driver changes lanes, or enters or exits a freeway, he or she must signal. Failing to do so, or to make sure that the turn signal is working, may cause an accident.

If your car is struck by a driver who did not properly execute a lane change, you may be able to pursue compensation. Most of these cases turn on an analysis of whether the defendant was negligent. To prove negligence, you would need to show the defendant's duty of reasonable care to you, the defendant's breach of duty, causation, and damages.

In California, all drivers have a duty to use reasonable care when they are changing lanes. Generally, a failure to signal or check blind spots will be considered a breach of duty because an ordinary, reasonable person would do these things when driving. If these careless actions cause a failure to maintain lane accident that results in your injuries, you can probably recover compensation. Your attorney would want to show that you would not have been hurt if the defendant had not breached the duty of care.

If a driver makes an unsafe lane change, and his or her passenger is hurt, the passenger may be able to sue the driver of the car. If the accident was the fault of more than one driver, such as when both motorists are distracted or fatigued, an injured passenger may be able to also sue the driver of the other car.

California follows the doctrine of pure comparative negligence. The jury can determine the total damages and then assign a percentage of responsibility for the accident to the parties alleged to be at fault. This means that a plaintiff's damages are reduced by his or her percentage of responsibility for the accident. However, a compensation award will not be barred in its entirety unless the victim was solely responsible for causing the harm through his or her own carelessness.

Many types of economic and non-economic damages may be available to someone who is injured in a devastating car crash. A victim often will seek compensation for medical expenses, the costs of future treatment, repairs to a vehicle, lost income and earning capacity, and the subjective pain and suffering experienced in the accident.

If you have been hurt in a motor vehicle collision such as a failure to maintain lane accident due to someone else's negligence, you can discuss your situation with the Los Angeles lawyers at Sharifi Firm. We represent accident victims throughout Southern California, including in Temecula, Riverside, Rancho Cucamonga, and San Bernardino. Contact us at (866) 422-7222 or via our online form for a free, no-obligation consultation.