Failure to Maintain Lane Accidents
In general, Texas drivers are required to maintain a single lane. Unfortunately, sometimes drivers do cross over the painted lines into oncoming traffic, or into another car driving the same direction. This may be the result of a momentary distraction, drunkenness, fatigue, or falling asleep at the wheel. If you are injured in a car accident in Dallas or the surrounding communities, the attorneys at Feizy Law Office may be able to help you assert your rights.Pursuing Compensation from a Negligent Driver
Most personal injury cases require plaintiffs to prove negligence. A plaintiff must establish by a preponderance of the evidence the defendant's duty, a breach of duty, causation, and damages. Under Texas Transportation Code section 545.060, someone driving on a road that is divided into two or more lanes that are clearly marked for traffic must drive as much as possible within a single lane and cannot move from the lane unless a movement can be made safely. In most cases, a failure to abide by section 545.060 will be construed as a breach of duty.
For example, if you are traveling on a two-lane highway, and the person driving opposite you falls asleep and drifts into your lane, causing a head-on collision, this likely would be negligence. Similarly, if you are driving on a multiple lane freeway, and a driver fails to check her blind spot, moving into your lane unsafely, this probably would also be considered negligent.
Most personal injury lawsuits are brought in order to recover compensatory damages. In the context of car accidents, these are damages designed to account for both the physical and emotional aspects of the harm that has been suffered. Damages that may be recovered include both economic and noneconomic damages, such as lost income, medical expenses, household services, loss of enjoyment, and pain and suffering.
While economic damages are often established through documentation, noneconomic damages are often based on an accident victim's testimony, and the testimony of family and friends. For example, if you are in a head-on collision and become paralyzed, it may make a difference to the value of your case if you can show that your hobbies before your accident were relatively active and that you are unable to pursue them anymore.
Generally, punitive damages are awarded rarely, and whether they are awarded, and how much, depends on how egregious the conduct at issue was. In most cases, car accidents are the result of negligence rather than willful or intentional misconduct. A common reason to award punitive damages in a car accident case is that the at-fault driver was drunk driving. These are damages designed to punish the at-fault driver and deter future similar conduct.Consult a Dallas Attorney for Your Auto Accident Claim
If you are involved in an accident, you may be concerned about the time lost from work recovering, wage loss, and changes to your lifestyle. The motor vehicle collision lawyers at Feizy Law Office can guide people in the Dallas area through the process of pursuing appropriate compensation for the harm that they have suffered. Call us at (214) 651-8686 or contact us via our online form for a free consultation. We also represent accident victims in Arlington, Irving, Garland, Fort Worth, and Plano, among other Texas cities.