Unsafe Lane Change Accidents
On New Hampshire roads that are clearly divided into marked lanes, motorists are required to travel within a single lane to the greatest extent possible. However, many drivers, without proper signaling, unsafely weave in and out of traffic forcing other motorists to brake abruptly. These imprudent actions are often critically dangerous to the safety of other motorists, especially motorcyclists, as they are without padding to protect them from the impact of striking a weaving vehicle. We urge you to seek representation in the event that you are injured due to another driver’s unsafe lane change. The experienced New Hampshire motorcycle accident attorneys at Peter Thompson & Associates will help you seek the compensation for your injuries that you deserve.
Negligence in New Hampshire
An unsafe lane change is a breach of the duty of reasonable care to other motorists. If as a result of being injured by another motorist who was in the process of an unsafe lane change, the motorcyclist is seeking to recover damages from the responsible driver, he or she must show under a theory of negligence that: (1) the defendant owed him a duty to drive safely, (2) breach of that duty, (3) proximate cause and (4) damages. An injured motorcyclist may be able to recover damages including amounts for past and future medical expenses, disfigurement, past and future wage loss, and the cost of hiring someone to do household chores that the motorcyclist cannot do because of the injury.
Joint and Several Liability
There are instances where multiple defendants are responsible for motorcycle accidents caused by unsafe lane changing practices. An illustration in point would be if the driver committing the unsafe lane change claimed that the action was caused by a third vehicle directly in front of him or her, a flatbed, whose operator evidently failed to properly secure the cargo prior to transport resulting in some items falling off the vehicle in during transit. In such cases, our firm uses experts in accident reconstruction to investigate the crash scene and assess the degree of fault of both the driver who initiated the unsafe lane change, and the driver of the flatbed in causing injury to the motorcyclist.
The recognition of the doctrine of joint and several liability in New Hampshire provides that each person or entity responsible for another person’s injuries, may be held liable in full for those injuries. Using the above example, the driver of the vehicle who made the unsafe lane change and the flatbed driver could both be found liable. If each is found to be 50% at fault, the plaintiff motorcyclist can recover damages from each of them. However, there may be instances where to motorist who made the unsafe lane change may be uninsured. In this case, the plaintiff can choose to recover only from the flatbed driver, who then must bear the expense of attempting to obtain contribution from the uninsured motorist who initiated the unsafe lane change.
Seek Compensation for Your Motorcycle Accident Injuries
If you have been hurt in a motorcycle accident resulting from an unsafe lane change or any other negligent behavior, we urge you to retain a trustworthy New Hampshire motorcycle accident lawyer to fight for the compensation you deserve. The experienced attorneys at Peter Thompson & Assocites may be able to find multiple sources of compensation, including the insurers for other drivers involved in the accident. To schedule your free consultation, contact us at 800.804.2004 or via our online form.