Many accidents are caused by drivers who fail to remain in their driving lane, or who change lanes in a hazardous manner. These motor vehicle collisions may lead to serious injuries as well as property damage. At The Cassisi Law Firm, the skilled car accident lawyers is experienced in these types of legal claims. For decades, we have provided personal service and diligent representation to protect the rights of victims.
Contact the Queens failure to maintain lane accident lawyers at The Cassisi Law Firm by dialing 718-441-5050 or completing the online contact form.
New York law requires that drivers remain in their respective lanes. Additionally, they may only switch lanes when it can be done safely. Drivers who fail to stay in their designated driving lane may cause a collision. If the carelessness or recklessness of another driver caused your injuries, you may be able to hold that person accountable in a personal injury lawsuit.
Duty of Care
As the plaintiff in a negligence claim, you would try to prove that the defendant driver owed you a duty of care, breached that duty, and caused an accident in which you suffered quantifiable damages. First, all drivers owe others on the road a duty of care. Each of us must operate a car in the same way that a reasonable person would behave under similar circumstances. A plaintiff may show a breach of the duty of care, therefore, if the defendant driver failed to check for other vehicles before switching lanes.
Causation is necessary in a negligence claim because the plaintiff must show that the defendant’s conduct was the direct cause of his or her injuries. Often, this is termed “but-for” cause, since the plaintiff seeks to demonstrate that but for the defendant’s negligent behavior, the accident would not have taken place. Finally, the plaintiff must identify actual costs and losses that resulted from the crash.
Following a showing of the defendant’s liability, the victim may be entitled to damages. These typically include past medical expenses as well as the costs of future treatment. A plaintiff also may be able to recover compensation for loss of earning capacity and lost wages. Non-economic damages, such as pain and suffering, usually may be recovered as well.
Comparative Negligence in New York
In certain cases, the victim’s own negligence may be considered. New York uses a comparative fault rule, so a plaintiff may still receive compensation proportional to the defendant’s degree of fault. For example, if an injured person is found 30 percent responsible for the collision, he or she may still potentially recover up to 70 percent of the damages.
People injured by someone else’s careless actions have a right to hold the responsible parties liable. If you or a loved one has been hurt in an accident due to another driver’s failure to stay in the proper lane, contact a Queens attorney at The Cassisi Law Firm for guidance and advocacy. He can help evaluate whether you may be legally entitled to damages.
The office can be reached by calling 718-441-5050, or you can use the online form to set up a free consultation.