Cape Girardeau Failure to Maintain Lane Accidents

When a driver fails to maintain their lane, it is usually due to negligence, such as texting while driving, distracted driving, driving while fatigued, or drunk driving. For an example of another motorist failing to maintain his or her lane, let’s say that you are driving along Broadway Street. In the adjacent lane, you see a driver coming from the opposite direction as you, but the motorist seems mesmerized by the scenery. When that driver’s vehicle starts veering into your lane, he does not notice until his vehicle collides into the front of your vehicle.

Seeking recovery for your injuries and losses will require you to establish the negligence of the other driver. By showing that the other driver owed you a duty of reasonable care, breached said duty, and caused you to suffer injuries as a result, you can establish the defendant’s negligence, similar to when another driver failed to yield. You should consider hiring an experienced attorney for many reasons, but one reason in particular is that the defendant may accuse you of comparative negligence, which could potentially result in your recovery being reduced since the State of Missouri operates under the rule of pure comparative fault.

Once liability has been established, the focus of your case can shift to damages. This is where you may be awarded damages for your medical bills from nearby doctor’s offices and hospitals, lost wages, and more. Compensatory damages are what most victims are awarded, and compensatory damages can be categorized into two types of damages: economic damages and non-economic damages. The former can be awarded to you for your monetary losses, such as lost earning capacity, medical bills, and lost wages, while the latter is awarded for abstract losses deriving from the accident, such as mental anguish, loss of consortium, and loss of enjoyment of life.