Failure to Maintain Lane Accidents
Maintaining proper control of a vehicle is legally required of all drivers, as is abiding by all traffic rules and regulations. When driving on roadways with designated lanes, a driver is expected to keep their vehicle within their lane. Weaving and failing to maintain a lane, or otherwise engaging in negligent conduct, may expose an individual to legal fault if their conduct causes harm. Following a collision in which you have been injured or a relative has been killed, a skilled Wheaton and Schaumburg car accident attorney can help you to understand the merits of your case and assert your legal rights. We bring a combined experience of over thirty-five years to our practice, and are prepared to evaluate your potential claims.
Careless Drivers May be Held Liable for Failure to Maintain Lane Accidents
Most roadways are designed to be shared, with clearly marked lanes designating the spaces intended for vehicles to use. Drivers who fail to maintain their lanes can cause serious collisions, potentially involving multiple vehicles and causing serious harm. Motorists in close proximity to a crash can be forced off the road, and drivers can be made to unexpectedly turn into other cars. Fatalities in failure to maintain lane accidents may occur when a crash takes place at high speed, particularly on Illinois highways.
A driver may be held liable for costs associated with an accident caused by their failure to maintain their traffic lane. Liability is the legal term for fault, and plaintiffs pursuing Illinois legal claims after suffering harm in a car accident must establish fault in order to recover damages. Negligence is a legal theory that may be used to hold individuals to the standard of care that a reasonable person would exhibit under the circumstances at issue. This generally means behaving in a way that avoids causing foreseeable harm to others. When operating a vehicle, drivers must conduct themselves in accordance with this duty of care toward others.
Due care can be established by reasonable conduct such as driving within the marked boundaries of a lane and observing speed limits. Activities that expose others to a risk of harm, such as driving while intoxicated or recklessly running a red light, may be deemed a breach of tise duty of care. Other examples of unsafe driving behavior include weaving across lane lines or drifting, conduct that indicates the driver may not be paying proper attention to the road. Once the plaintiff has established that the defendant driver breached their duty of care, they must also prove that this breach directly caused the accident and their injuries.
After demonstrating the defendant’s negligence, injured individuals may be entitled to recover monetary damages for their harm. This monetary compensation can include amounts for medical bills, costs of rehabilitation, and other damages. Physical injuries can be severe in a car accident, and Illinois also provides for “pain and suffering” as a type of non-economic damages. Compensation for pain and suffering may be high, especially when accident victims have suffered debilitating injuries that affect their quality of life.
Comparative Negligence
Comparative negligence may be an issue in some personal injury claims brought in Illinois. Under this rule, a victim that partially caused the underlying accident may be held accountable along with any defendants. The modified comparative negligence rule that applies in Illinois provides that as long as the plaintiff was less than fifty percent at fault, they can still recover damages, though the amount can be reduced in accordance with the plaintiff’s degree of fault. A skilled personal injury lawyer can help to assess your legal rights and obligations as they may relate to comparative negligence.
Car Accident Attorneys Serving Schaumburg and Wheaton Residents
Negligent drivers who cause failure to maintain lane accidents can be required to pay compensation to those they have harmed. Following a car accident in which you or a loved one was injured, the Wheaton and Schaumburg lawyers in our office can help you advance your legal rights. At Therman Law Offices, our we represent people throughout the cities of Lombard, Addison, Villa Park, Glendale Heights, West Chicago, Elmhurst, Westmont, Lemont, Clarendon Hills and Oakbrook Terrace, as well as other areas throughout Cook County. For a free consultation concerning your case, contact our office by calling 312-512-1900 or completing our online form.
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