Chattanooga Failure to Maintain Lane Accidents

Tennessee law generally requires all drivers to exercise due care while operating motor vehicles on roadways within the state. Specifically, Tennessee law requires drivers to stay within their own lanes when possible and to only switch lanes when safe to do so and after alerting nearby vehicles by activating a turn signal. In spite of this, many Tennessee drivers routinely weave in and out of traffic lanes aggressively, cut other drivers off, and make improper lane changes without using a blinker, and many accidents and injuries occur as a result.

In order to seek compensation for your bodily injuries after an auto accident, you must prove that the other driver’s negligence caused the accident and your injuries. To prove negligence, you will need to show that the other driver owed you a duty of care which he breached. If you can show that the accident happened because the other driver failed to properly maintain his lane, such as by suddenly swerving into your lane while traveling on Market Street, then you may be able to prove negligence under the theory of negligence per se (or negligence as a matter of law) in which an act is presumed to be negligent if it was contrary to a safety law, such as a traffic law. The responding police officer, along with independent witnesses, may be called on to testify in your case.

Once you have established the defendant’s negligence, next you will need to prove your injuries and losses caused by the collision. You may recover both economic and non-economic damages under existing Tennessee law. Economic damages include losses that have a set value such as property damage repairs and expenses (towing or storage fees, for example), medical and prescription expenses, and lost wages for time missed from work. Non-economic damages, on the other hand, include more subjective losses such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

If you have been injured in a failure to maintain lane accident in Chattanooga, you have one year from the date of the accident to either settle your bodily injury claim or properly file a lawsuit. If you do not timely pursue your claim, it will be lost and you will not be able to recover for your injuries. This statute of limitation applies to both liability claims filed with the at-fault party’s insurance carrier and to uninsured motorist claims filed with your own insurance company if the at-fault party is not adequately insured. It also applies regardless of the severity of your injuries or your knowledge of the law. It is important that you contact an experienced car accident lawyer in the Chattanooga area to assist you in meeting all important legal deadlines for your case so that you do not forfeit your right to recover.