Lane Departure Accidents
Most people know that it is critical to pay attention when they are behind the wheel. No matter how carefully you drive, however, there are some instances in which being struck by another, less careful driver may be unavoidable. A common type of crash is a lane departure accident, in which a motorist drifts or swerves suddenly out of his or her lane and collides with another motor vehicle traveling in the adjacent lane. The driver who caused the accident may be engaging in distracted driving, such as using his or her cell phone while behind the wheel. In other instances, it is possible that alcohol, drugs, or extreme fatigue played a role in the abrupt shift. Victims of lane departure crashes caused by someone else’s carelessness can bring a legal claim to pursue compensation from the negligent driver for their injuries and damages. Knoxville car accident attorney Mark Hartsoe knows what it takes to bring a persuasive motor vehicle collision case in Tennessee.Holding a Driver Responsible for a Careless Lane Departure
If you have been involved in a lane departure accident, you likely can recover compensation if you can prove that the other driver acted negligently at the time of the crash and that this negligence was the cause of your injuries and damages. In general, a reasonably prudent driver would ensure that he or she stays within the bounds of the lane in which he or she is traveling and would use appropriate turn signals when changing lanes. Therefore, someone who does not take these precautions probably would be considered negligent.
More broadly, a reasonable person would refrain from being distracted by his or her cell phone while driving and would not get behind the wheel while intoxicated. According to Tennessee law TCA 55-8-199, drivers may not text behind the wheel, and relatively new drivers may not engage in any form of cell phone use. When it comes to driving under the influence, TCA 55-10-401 and 55-10-403 prohibit people in this state from operating a vehicle with a blood alcohol content of 0.08 percent or greater. A police report will usually provide information on whether the defendant may have been impaired by alcohol or drugs at the time of the crash.
After showing that the other driver was negligent at the time of the accident, you must also show that the careless lane shift was the direct cause of your injuries. The crash must have been a reasonably foreseeable result of the defendant’s failure to maintain his or her lane. The final element of a negligence claim consists of damages, which may account for medical bills, the costs of future treatment, lost income, and repairs to a vehicle, among other items. Tennessee law also provides for pain and suffering damages, which are not determined by a mathematical equation but instead by an amount that is reasonable given the duration of the plaintiff’s symptoms.
Many lane departure accidents happen on interstates, where cars travel at high speeds. All too often, they result in an unsuspecting victim’s tragic death. According to Tennessee law, the surviving heirs of someone who died in an auto accident can bring a wrongful death claim to pursue compensation for the loss of their loved one.Contact a Car Accident Attorney in the Knoxville Area
If you or someone you love has been involved in a lane departure accident, you may be entitled to compensation. Knoxville car accident lawyer Mark Hartsoe has assisted many injured individuals throughout Tennessee, and he is prepared to vigorously advocate for you during this challenging time in your life. Do not hesitate to see what a knowledgeable motor vehicle collision lawyer can do for you. Call us at 865-804-1011 or contact us online to set up a free consultation.