We’ve all been there: overslept our alarm clock, rushed to get ready, and dashed out the door. Sometimes, being late is inevitable.
Unfortunately, some motorists will use this as an excuse to drive recklessly, disregarding the safety of other drivers and pedestrians. According to the National Highway Traffic Safety Administration (NHTSA), one of the leading causes of head-on collisions is improper passing. An accident of this kind can happen anywhere, no matter if you’re on the highway or in your own neighborhood.
What to Do In an Improper Passing Accident Case
If you’ve been affected by an improper passing accident, it’s important you know how to proceed. To recover compensation from a careless driver, you can bring a negligence case against them. Generally speaking, this means proving the other driver did not use the same skill and care that a reasonable driver would use in a similar situation.
The first step in pursuing compensation requires a plaintiff to show that the defendant failed to operate their vehicle with the appropriate care. In general, the law says drivers must pass on the left side of other vehicles and may only return to the original lane once they have safely and clearly overtaken the other vehicle. At the same time, the driver of an overtaken vehicle must yield the right of way to a driver who is passing. Other rules require drivers to use appropriate signals when passing and to pass only when the road is clear.
After showing that the defendant operated their vehicle in a negligent manner (a.k.a. did not follow the rules we just discussed), the plaintiff must next prove that this negligence was the direct cause of the injuries that they sustained. In other words, the plaintiff must show that they would not have been injured had the defendant driven according to the standard of care.
Finally, the plaintiff will be asked to provide evidence supporting the amount of compensation that they are claiming in the lawsuit. Common categories of damages you might include are medical bills, physical therapy costs, lost earning capacity, property damage, and pain and suffering.
A Good Car Accident Lawyer Can Make All the Difference
Accidents are not only frightening, but also they can significantly change the life of a victim and their family. We want you and your loved ones to find compensation, so you can start on the path to healing. Receive the personalized, compassionate, and vigorous legal representation you deserve by getting in touch with us today.
