New Hampshire imposes a duty on drivers to drive with due care to avoid colliding with other motorists. Unfortunately, drivers often breach this duty by moving from one lane of traffic to another without checking to see if they can do so safely, which can result in a collision with another vehicle. If you were involved in a lane departure accident, you have the right to pursue compensation from the driver for any injuries caused by the accident. It is in your best interest to consult a skilled New Hampshire car accident attorney as soon as possible to review the facts of your case and develop a plan for seeking damages. Collectively, the attorneys at Peter Thompson and Associates have more than 60 years of experience representing New Hampshire residents who were injured in lane departure accidents. We will aggressively advocate on your behalf to help you in your pursuit of any damages that you may be owed.
New Hampshire Laws Regarding Lane DeparturesWhen a roadway is clearly marked with two or more lanes of traffic, the New Hampshire motor vehicle laws impose an obligation on motorists to drive in a single lane. A motorist must remain in that lane until he or she has ascertained that he or she can safely move out of that lane.
Common Causes of Lane Departure AccidentsDistracted driving is a common cause of unintentional lane departures. A driver who is looking at his or her phone or GPS system can lose focus and drift out of the lane of traffic. Drivers who are intoxicated or tired and falling asleep often cause accidents due to unintentional lane departures as well. Additionally, lane departure accidents are frequently caused by aggressive drivers who drive too fast for the conditions of the road or simply fail to properly assess whether they can safely change lanes prior to moving from one lane to another.
Showing Negligence in a Lane Departure AccidentMost New Hampshire car accident cases set forth the theory that negligence caused the accident to occur, and the negligent party should be held accountable for any damages caused by the accident. Negligence is comprised of multiple elements. First, you must show that the other party owed you a duty of care. In cases involving lane departure accidents, the duty owed would be to exercise due care while driving and to ensure that the driver can change lanes of traffic without causing harm, prior to departing from the lane. You must then prove that the other driver breached the duty owed, and that breach caused the accident to occur. Lastly, you must show that any harm that you suffered was directly caused by the accident.
Negligence must be proven by a preponderance of the evidence, which means that the evidence produced in the case must show that it is more likely than not that the negligence of one or more other individuals caused the accident. An experienced car accident attorney will obtain evidence via discovery, including police reports, eyewitness statements, surveillance footage or photographs, and deposition testimony, to develop a case to support the argument that the other driver’s negligence caused the accident.
Damages Typically Sought in Lane Departure Accident LawsuitsIndividuals who suffer harm in car accidents typically seek both economic and non-economic damages. Economic damages include the cost to repair any damage to your vehicle and the cost of any past or future medical treatment for any injuries suffered due to the accident. Economic damages also include lost wages or loss of future earnings caused by an inability to work because of your injuries. Non-economic damages generally consist of damages for the pain, suffering, and mental anguish caused by any injuries that you sustained in the accident.
Consult an Experienced New Hampshire AttorneyIf you were injured in a lane departure accident, you should consult a car accident attorney to assess the facts of your case and develop a strategy for seeking compensation. The attorneys at Peter Thompson and Associates will aggressively pursue any damages that you may be entitled to recover. Our knowledge and skill in handling New Hampshire car accident cases have allowed us to achieve a strong success rate and a history of favorable verdicts. We have offices in Bedford, Nashua, Portsmouth, and Manchester, New Hampshire, and we assist injured parties in their pursuit of damages statewide. Contact us at 800.804.2004 or via our online form to set up a free appointment.