Drivers should travel as much as possible within a single lane and should always turn to check their blind spots, but unfortunately unsafe lane change accidents are common. While people in a passenger car may survive this type of crash with only minor injuries, it can cause catastrophic injury or even death to a motorcyclist who has no protection against a larger vehicle’s sudden movement. If you were hurt near Ocala due to a driver’s unsafe lane change, the knowledgeable motorcycle collision attorneys at the Dean Law Firm can help you assert your right to compensation.
If you are hurt by another driver’s unsafe lane change, you may consider bringing a lawsuit for negligence. To succeed in this claim, you would need to prove that the defendant driver owed you a duty of reasonable care, he or she violated this obligation, the breach led directly to the crash, and you incurred quantifiable damages as a result. An unsafe lane change often will be found a breach of the duty of reasonable care, since most ordinary drivers will check their mirrors and blind spots before shifting into a new lane.
If you are seriously injured in an accident, you can potentially recover compensation that reimburses you for past and future medical expenses, past and future loss of income, the cost of household help, loss of enjoyment, pain and suffering, property damage to the motorcycle, and more. Not all unsafe lane change cases are clear-cut, however. Sometimes the responsibility may be divided among several parties, including the victim.
Motorcyclists should avoid riding for long periods in a driver’s blind spot and should stay at a distance that permits enough time to react to another vehicle. Riders should also wear reflective gear, position themselves slightly in front of vehicles when possible, and signal their own lane changes.
For example, a motorcyclist might be lane-splitting at night and riding in a car driver’s blind spot for an extended period. Suddenly, a truck ahead hits the brakes. To avoid rear-ending the tractor-trailer, the driver of the passenger car makes a sudden lane change, crashing into the motorcycle. In that case, the motorist might allege that the motorcyclist was partially at fault for staying in the blind spot and lane-splitting in the dark.
Florida follows the rule of pure comparative fault. This means that a victim’s recovery will be reduced by his or her percentage of responsibility. In theory, you can recover 1% of your damages even if you are 99% at fault. In the above example, a jury might apportion 50% of the fault to the motorcyclist and 50% to the driver of the passenger car. If the total damages are assessed at $200,000, the victim might be able to recover up to $100,000 in damages from the driver of the passenger car, but he or she would be responsible for the other $100,000.
Experienced legal professionals will pursue all possible theories of recovery and try to find multiple sources of compensation to maximize your chances of receiving damages. If you are hurt due to a vehicle accident in Ocala or nearby communities, you should retain a skilled attorney at the Dean Law Firm to help you hold any defendants who harmed you accountable. You can only bring one lawsuit for an accident, so it is important to consult attorneys you trust. Call us at 352-387-8700 or contact us via our online form . We represent victims throughout Florida, including injured individuals from Crystal River and the Villages as well as Marion, Sumter, Lake, Citrus, and Levy Counties.
