Failure to Maintain Lane Accidents
Citations for failure to maintain lane are quite common in Georgia. Sometimes a failure to stay in the proper lane is responsible for a serious accident. For example, a car that travels out of a lane providing a turn signal may sideswipe a nearby car, causing the other car to roll over or crash into another vehicle. In some cases, a failure to maintain lane is the result of distracted driving. For example, if a driver is attending to pets in the back seat, he or she may not realize that the car is moving out of the lane. If you have been hurt in Atlanta or the surrounding cities, knowledgeable car accident attorney Stephen M. Ozcomert can help you try to hold a negligent driver accountable.Pursuing Compensation through a Negligence Claim
Under O.C.G.A. 40-6-48, a driver must drive a car as much as possible entirely within a single lane and not move the car from that lane until he or she has first determined that the movement can be made safely. Even moving onto a white or yellow line without a reason can be considered a failure to maintain lane.
If you are injured because a driver failed to stay in the proper lane, it can help to have a police report to that effect. After a collision, you and the other driver should stay at the scene and provide information to the police about what happened. You should include any eyewitness information you have that the other driver failed to stay in his or her lane. Although it may be helpful to get a police report, a traffic citation does not automatically make the cited driver liable for injuries arising out of the citation. The defendant can challenge the police decision to assign fault.
In order to establish the other driver's negligence, you would need to prove by a preponderance of the evidence that the other driver owed you a duty of care, a breach of that duty, causation, and damages. Generally, a failure to maintain lane is a breach of the overall duty that all drivers have to operate their vehicles safely, considering traffic rules as well as road and weather conditions. The defendant's breach of duty—the failure to maintain lane, for example—must directly cause or contribute to the accident in order for a plaintiff to recover damages.
If you are able to successfully establish negligence, you can potentially recover a full range of compensatory damages. Forms of compensation often include both economic and noneconomic costs and losses. Economic damages may include medical expenses, lost wages, out-of-pocket costs, and property damage. Noneconomic damages tend to include mental anguish, pain and suffering, and loss of enjoyment. While economic losses are tangible and often documented, noneconomic damages can vary dramatically depending on the value that is placed on intangible harms associated with the accident.Protect Your Rights after an Auto Accident by Consulting an Atlanta Attorney
If you have been involved in a crash caused by a careless Atlanta driver, you may want to discuss your case with a motor vehicle collision lawyer. Stephen M. Ozcomert can negotiate with insurers on your behalf and take your case to trial if necessary. Call us at (404) 370-1000 or contact us via our online form for a free appointment. We also represent clients in Decatur as well as other areas of Fulton and DeKalb Counties.