Failure to Maintain Lane Accidents
We’ve all seen careless and inattentive drivers on the road swerving across the center line or swerving into another lane. In some instances, no harm results from this kind of reckless behavior, but in other instances a devastating personal injury accident can take place. Even crossing a dividing line for a few seconds can put other motorists, pedestrians, bicyclists, and motorcyclists at risk of suffering devastating injuries or even fatalities. The difficult aspect of this is that a failure to maintain a lane accident can happen to you even if you are following every traffic law and driving as safely as possible. At The Law Offices of Barry Feinstein & Affiliates P.C., a Massachusetts car accident attorney with substantial experience guiding injured victims through the legal system is ready to help you assert your rights.Failure to Maintain Lane Accidents in Massachusetts
In a populous state like Massachusetts, failure to maintain lane citations are incredibly common. One of the leading causes of failure to maintain lane accidents is distracted driving. Every day, roughly nine people lose their lives as a result of distracted driving in the US according to the Centers for Disease Control and Prevention. When a driver is busy surfing social media, texting, or checking emails, he or she cannot spend enough time monitoring traffic conditions ahead and usually cannot respond quickly enough to sudden changes in traffic. In many cases, distracted drivers weave in and out of their lanes or drift entirely into another lane.
Failure to maintain lane accidents often result in chain reaction collisions when the negligent driver collides with a vehicle in an adjacent lane, or causes another car to swerve in order to avoid an accident. If this happens at high speeds on the freeway, the outcome can be disastrous and even fatal.Asserting Your Right to Compensation From a Careless Driver
Although nothing can truly put things back to normal after a serious injury accident, a civil lawsuit can help you capture the compensation that you need to cover the expenses associated with the crash. The first step involves showing that the other driver failed to act with the same level of reasonable care and skill that an ordinary and prudent driver would use when facing a similar situation. Overall, reasonably careful drivers refrain from distracted driving activities and make it a point to stay within their lanes unless they are engaging in a lane change. They also abide by applicable traffic laws, such as yielding the right-of-way and not crossing a double yellow centerline.
After showing that the other driver failed to use appropriate care, you must show that you would not have been injured if it weren’t for the other driver’s carelessness. Massachusetts has adopted the modified comparative negligence doctrine, which allows defendants to offer evidence suggesting that the plaintiff acted negligently at the time of the accident. The jury can consider this evidence, and if it deems the plaintiff negligent it can assign a percentage of fault to the plaintiff. Any damages award in the plaintiff’s favor will be reduced by this percentage. If the jury concludes that the plaintiff is 51% or more at fault, he or she is barred from recovering any compensation.
There are many different categories of damages available in a personal injury car accident lawsuit including past and future medical bills, lost wages, reduced earning capacity, and more. A seasoned civil litigation lawyer can help you ensure that you seek the maximum amount of compensation that you are owed for your injuries and suffering.Speak With a Massachusetts Attorney After a Car Accident
There’s no such thing as a simple car accident. Between gathering evidence and negotiating with insurance companies, it can become incredibly overwhelming to assert your rights and to ensure that you are being treated fairly. A dedicated Massachusetts lawyer at our firm is available to serve clients in areas around Boston, Cambridge, Lowell, Newton, Somerville, Waltham, Quincy, Norwood, Brookline, Dedham, and Peabody. We understand what is most important to you and your family during this time, and we will fight zealously on your behalf. To schedule your free consultation, call us at 1-800-262-9200 or contact us online to get started.