South Florida Injury Lawyer Blawg
Driving presents inherent risks, even if a motorist takes all steps to ensure that they abide by safety rules. Despite taking all precautions, drivers cannot protect against other negligent motorists. Many times, Florida car accidents occur during lane changing or merging. The U.S. Department of Transportation attributes about 500,000 accidents to improper lane changes and merging. Some of these accidents may only damage property; however, many result in serious injuries or death. In these cases, determining liability and apportioning fault is critical to recovery.
For example, a Florida news report recently described a fatal accident involving a 12-year-old child. A sedan was driving westbound when it tried to merge into the left lane of a highway. However, when it tried to merge, it slammed into the right side of a pickup truck. The pickup truck, which was carrying the child, overturned. The driver of the sedan suffered minor injuries, and her passenger reported no injuries. The pickup truck driver and two other passengers suffered serious injuries and remain in critical condition. State Police are continuing to investigate the collision.
Victims must be able to establish liability after a Florida merging accident to recover compensation for their damages. Florida statute 316.085(2) requires that drivers must ensure that it is safe to complete their move before changing their direct course of travel. Violating the lane-change law may result in a non-criminal moving violation.
Without adequate proof, victims may not receive the amount of compensation needed to recover fully. Unsafe lane change and merging accidents can be complicated because these collisions often push the cars into positions such that it is difficult to determine how the accident occurred. Courts and insurance companies will review which driver had the right of way, whether either party was engaging in negligence, and whether there were any credible witnesses. Victims must present their case in an evidentiary sound and compelling manner.
These accidents typically fall under Florida’s no-fault car accident compensation system. Victims may pursue compensation through their insurance companies. However, if the victim suffers serious injuries, they may file a claim against the at-fault party’s insurance company or file a lawsuit against the negligent party. Victims should present evidence from traffic cameras, eyewitnesses, and forensic experts. Further, evidence of citation may assist in a legal claim. However, a citation, or lack thereof, is not dispositive of negligence.
Have You Been Involved in a Florida Merging Accident?
If you or someone you love has suffered injuries in a Florida car accident, contact the Law Offices of Robert Dixon. The attorneys at our law firm can represent your interests throughout the various stages of your claim. We provide clients with legal advice, filing claims, locating evidence, negotiation, and litigation. Through our representation, our clients have recovered substantial amounts of compensation for injuries related to motor vehicle accidents, medical malpractice, slip-and-falls, nursing home abuse and neglect, and product liability lawsuits. Our clients routinely obtain compensation for past medical expenses, ongoing medical bills, pain, suffering, and emotional distress. Contact our office at 877-499-4878, to schedule a free initial consultation with a personal injury attorney at our office.