Posted on behalf of Anderson Cummings on May 19, 2021 in Auto Accidents
Traffic lanes are meant to organize the flow of traffic, helping to reduce the risk of a crash. However, when drivers do not stay in their lanes, it often causes crashes as we expect other drivers to follow the rules of the road.
A driver who fails to stay in a lane or adhere to other traffic laws may be held liable for his or her negligent actions.
If you or a loved one suffered an injury in an accident with a driver who failed to stay in his or her lane of traffic, you may be eligible to seek compensation. Call a Fort Worth car accident lawyer at Anderson Cummings today to discuss your claim during a free consultation.
What Qualifies as a Failure to Maintain a Lane Accident?
According to the Texas Transportation Code, a driver who is on a roadway that is divided into two or more clearly marked lanes shall drive entirely in one lane when it is practical to do so, and the driver may only change lanes when it is safe to do so.
Some common causes of a failure to maintain a lane accident include:
- Failing to check the blind spot
- Falling asleep at the wheel
- Distracted driving
How is Liability Determined?
Fault for an accident caused by one driver’s failure to stay in one lane comes down to who acted in a negligent manner.
Remember that to prove negligence, a person must have had a duty of care to you and the breach of that duty must have directly resulted in your injuries.
When a Texas resident applies for a driver’s license in the state, he or she is agreeing to follow all traffic laws, including lane change laws. This means every driver has a duty of care to others on the roadway to stay in their lane. A driver who fails to safely change lanes is breaking that agreement and therefore acting in a negligent manner.
What if I am Partially At-Fault?
If an investigation of the lane-change accident determines you are partially at fault, Texas law does not bar you entirely from recovering compensation. Instead, the modified comparative negligence laws reduce your compensation by the percentage you are found at fault, so long as you are less than 50 percent responsible for the crash.
For example, if you are found to be 10 percent at fault for a failure to maintain a lane accident, a $10,000 recovery may be reduced to $9,000.
Proving the Other Driver Acted Negligently
A driver who drifts into another lane or changes lanes without properly checking if it is safe to do so is not likely to admit his or her wrongdoing. This is when having the evidence to prove negligence may be necessary.
Our attorneys are prepared to help you gather evidence such as police reports and traffic camera footage of the crash if it exists. However, when possible, victims should try to collect evidence at the scene. For example, if it is safe to do so, you can take pictures, such as pictures of:
- Traffic signs
- Lane markers
- Flow of traffic
- Vehicle damage
Additionally, you may be able to speak to witnesses who were present and take down their contact information so that our attorneys may be able to interview them during our investigation. Having witnesses may be useful because they may be able to establish whether the other driver fell asleep at the wheel, was driving recklessly prior to the accident, or if he or she was texting and driving.
Call an Experienced Attorney
When a driver fails to stay in his or her lane and causes an accident, proving he or she acted negligently requires relevant legal knowledge about how to build a case against that driver.
Our licensed attorneys at Anderson Cummings have over 50 years of combined experience helping injury victims prove someone else is responsible for the injuries they suffered, and we have successfully recovered millions in compensation on behalf of our clients.
You do not pay us anything while we investigate your claim and build your case, and we only get paid if we win. There is no risk to you.
Schedule your free consultation today: (817) 920-9000