Road Departure Crashes
According to the U.S. Department of Transportation, a road departure crash is an accident that takes place when a vehicle crosses a centerline or edge line, or leaves the traveled way in another manner. These serious collisions often lead to fatalities. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our experienced Chicago car accident lawyers are equipped to help injured individuals and their families pursue monetary compensation for harm suffered in a road departure crash. We provide clients with skilled legal representation in all phases of their legal claims, including investigation, negotiation, and in some cases, litigation. Holding all of the appropriate parties accountable for damages caused in a road departure crash is critical, and victims are entitled to receive full compensation for their harm.Recover Compensation for Harm Suffered in a Road Departure Crash
Road departure crashes are a deadly and common type of vehicle accident. When a car veers from its designated lane and fails to remain in its travel lane, severe collisions can occur. These incidents can lead to head-on collisions and other types of extreme crashes.
While operating a vehicle, drivers may overturn, which can lead to a road departure. In other cases, vehicles may be traveling on high friction surfaces, or their lanes may not have designated centerline rumble strips or edge line rumble stripes. Localities may pursue measures that may be effective in reducing road departure crashes, including setting forth basic traffic control signage and increasing edge line pavement markings to help drivers maintain their lane positions.
Driver error or negligence does account for many road departure crashes. Negligence is a failure to exercise reasonable care, which another driver would exercise under similar circumstances. A victim of a roadway crash would try to show that the driver breached their duty of care and that this breach directly led to the accident and the resulting harm. A breached duty of care includes speeding, driving distractedly, or failing to account for weather conditions. Since all drivers owe others a duty to avoid causing foreseeable harm, driving conduct that exposes others on the road to risks means that a driver can be held legally accountable for the consequences.
In addition to a careless or reckless driver, a locality may be at fault for a road departure crash. If the victim presents evidence that the local government failed to abide by safety measures that would have reduced crashes, or if it was aware of the potential for harm in the crash location but failed to address possible methods of reducing crashes, the victim may have a strong claim for relief. A skilled car accident attorney can assist with a claim against a local government.
The types of damages that may be recovered after a road departure crash depend on the severity of the injuries. Since these types of motor vehicle collisions often lead to catastrophic injuries, the damages award may be higher than in some other injury claims. Victims, after proving the legal fault of another party, may recover costs for medical bills, physical therapy, and future medical treatment associated with their accident-induced injuries. Additionally, injured individuals facing lost wages or a reduced earning potential due to a road departure crash may be compensated for these damages. Finally, emotional pain and suffering is a form of damages that may be recovered after a successful demonstration of legal fault.
If a road departure crash has led to the tragic death of a loved one, certain individuals, including family members and others designated by law, may pursue a wrongful death cause of action. This type of lawsuit requires proof that the deceased person suffered fatal injuries due to the negligence of another driver and that as a surviving family member (or as a representative), they will suffer damages due to the death. A wrongful death lawsuit provides for slightly different damages than a personal injury claim, including funeral expenses and loss of financial support.Discuss the Details of Your Road Departure Crash with a Chicago Attorney
The attorneys at the law firm of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca understand the impact of a serious motor vehicle collision upon a victim and their family. By seeking representation from the compassionate Chicago lawyers in our office, clients receive personal and effective attention as we diligently advocate on their behalf for legal compensation from all at-fault parties. Our motor vehicle collision lawyers also represent people in Aurora, Rockford, Champaign, Quincy, Springfield, and other communities throughout Cook, Kane, Sangamon, Winnebago, and Adams Counties. Call us today at (800) 444-1525 or fill out our online form to begin discussing the details of your case at no cost.