Road Departure Crashes
A road departure crash occurs when a vehicle, due to extenuating circumstances or driver error, crosses over an edge or center line, leaving the traveled way. Sometimes these crashes are caused by another driver’s aggressive driving, mismarked roadways, or other external variables that cause a driver to lose control and veer off the intended path. These accidents may lead to serious injuries and even fatalities, depending on the location, speed, and other factors involved. The Miami car accidents at the Law Offices help victims of road departure crashes seek the compensation that they need to financially cope with the extent of their injuries.Establishing Liability for a Road Departure Crash
According to reports by the National Highway Traffic Safety Administration, roadway departure crashes make up the majority of highway fatalities. In 2015, almost 19,000 people were killed as a result of these types of accidents, which account for over 50 percent of all traffic fatalities nationwide. Many road departure or lane departure accidents are due to a driver losing control while speeding through a sharp turn. However, some of these accidents are caused by another driver acting carelessly, forcing someone else off the road, or by poorly constructed or maintained roadways.
When a driver causes a road departure crash, they should be held liable for the injuries that ensue. Victims of these collisions may file a personal injury lawsuit against responsible parties to pursue damages incurred for medical expenses, pain and suffering, loss of income, and property damage, among other items. To establish liability, the victim, known as a plaintiff, must show that another driver breached the duty of reasonable care to act as a prudent person would act. For instance, a driver engaging in aggressive driving behaviors, such as swerving in and out of lanes quickly, may cause another vehicle to veer to avoid a collision. The aggressive driver likely could be held liable for damages because this behavior would be considered negligent. The plaintiff must also show that the careless conduct caused their injuries.
Even if someone is hurt in part because of their own negligence, compensation may still be available from another responsible party. Florida follows a pure comparative fault theory of liability, which means that each party is responsible for damages in proportion to their percentage of fault. When a tragic death occurs as a result of a road departure crash, relatives may recover damages pursuant to Florida’s Wrongful Death Statute. These may include financial assistance for outstanding medical bills, loss of consortium, and burial and funeral arrangements.Contact a Car Accident Lawyer in the Miami Area
At the Law Offices, our Miami attorneys offer experienced and dedicated legal representation to South Florida residents who have been injured in a car crash. If you or a loved one has been harmed by a negligent driver, call (877) 499-4878 or contact us online for a free, no-obligation consultation to see how our motor vehicle collisions can help. We also represent people in Fort Lauderdale, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties.