Lane Departure Accidents
When it comes to car accidents, there are many different ways that collisions and injuries can occur. Often, however, it is driver error that leads to the accident, and one of the most frequent ways that drivers can carelessly cause accidents to occur is through lane departure accidents. This type of dangerous and unexpected crash happens when one motorist leaves their lane without properly signaling and waiting until the path is clear. The driver may swerve into the adjacent lane because they are intoxicated, because they are distracted by their cell phone, or because they have encountered a hazard on the roadway, among other situations. These entirely preventable accidents can result in devastating injuries for the victims. At The Law Office of Matt Uhrig, our Columbia car accident attorney is standing by and prepared to assist you with seeking the compensation that you need and deserve.Understanding Liability in a Lane Departure Accident
Lane departure collisions have become such an issue that carmakers are developing systems that alert drivers to when they may be departing their lane unsafely, and some of these systems even have auto-steering mechanisms that assist the driver with staying in their lane. If a driver makes an unsafe lane departure that results in a collision, a victim of the crash can bring a personal injury lawsuit against that individual to pursue financial compensation for their injuries.
In this lawsuit, the plaintiff is required to prove that the defendant did not use the appropriate standard of care while driving. This standard is based on what a reasonable and prudent driver would do when confronted with a similar set of circumstances. In addition to basic safe driving practices, this standard requires drivers to obey Missouri’s traffic laws. According to Missouri law, for example, drivers must wait until it is safe to make any lane changes, even if they are passing another vehicle. When the plaintiff can prove that the defendant failed to follow a traffic law before the crash, they likely will be able to persuade a judge or jury that the defendant did not meet the applicable standard of care. A good way to establish that the defendant violated a traffic law is to obtain a copy of a police report prepared after the accident.
Once you have established that the defendant was driving in a negligent manner, Missouri law then requires you to prove a connection between the driver’s lack of due care and the injuries that you sustained. If the defendant can establish that something else was the substantial cause of your injuries, such as severe weather or another driver, they may not be required to pay damages. This includes any evidence suggesting that the plaintiff also acted negligently and that their negligence actually caused or contributed to the crash.
The jury can consider any evidence of the plaintiff’s negligence and reduce the amount of damages that it awards to the plaintiff by the percentage of fault that it assigns to the plaintiff’s negligent conduct. Finally, to receive compensation, you must provide documentation and testimony substantiating your claims, including medical bills, ambulance fees, physical therapy costs, and medication expenses. You can also claim compensation for missed wages and the loss of any future earning capacity resulting from your injuries.Contact a Knowledgeable Motor Vehicle Collision Lawyer in Columbia
Knowing what to do after a sudden lane departure accident can be confusing. At The Law Offices of Matt Uhrig, we have assisted accident victims in Columbia, Ashland, and Jefferson City with preparing robust legal claims against the careless drivers who caused their injuries. Motor vehicle collision lawyer Matt Uhrig understands what your family and you are experiencing during this painful time. With our firm, you can rest assured that your legal rights are in good hands. Call us at 573-657-2050 or contact us online to set up a free consultation with an attorney who can fight for compensation on your behalf.