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Improper passing is a type of unsafe lane change that endangers others on the road, and can lead to serious, even deadly crashes. When drivers engage in this type of dangerous maneuver, they can be held legally accountable if their actions injure others. By filing a personal injury claim against a driver that caused an accident, victims can recover costs associated with the collision. Often, these costs include medical bills and missed wages from work, as well as emotional pain and suffering. Roger Gelb brings decades of experience as a Washington, D.C. car accident lawyer to his representation of injured individuals and their families. Attorney Gelb and the dedicated team at Gelb & Gelb have successfully recovered more than $100,000,000 for clients throughout Virginia, Maryland, and the District of Columbia. Unlike at other law firms where you may spend more time dealing with staff, Roger Gelb handles every case accepted by the firm and communicates directly with clients throughout the course of the representation.Demonstrating Negligence After an Improper Passing Vehicle Crash
Improper passing exposes others on the road to potential harm by increasing the likelihood of a collision. Before passing another vehicle on the road, drivers must assess whether they have sufficient space to safely overtake an adjoining vehicle. They must also use a turn signal to alert other motorists to their intentions. Improper passing can occur when a driver passes another vehicle on a curve or a hill. These “blind” passes are risky, as motorists driving in the other direction may not have time to react to the passing car. Other examples of improper passing include changing lanes without a signal and failing to yield the right of way. If the driver’s actions lead to a crash and injuries, they can be held legally accountable.
Following a car crash, the victim is entitled to file a negligence claim for damages against the at-fault driver. A strong claim will show all the elements of negligence: the driver failed to act with requisite care which caused an accident that resulted in damages. A judge or jury determines whether a driver breached their duty of care by examining the circumstances surrounding the accident.
The central legal issue to a negligence claim in an improper passing car accident case is whether the defendant’s conduct mirrored that of a reasonable driver, under similar circumstances. For example, speeding around a blind curve in order to pass a slower vehicle may breach the duty of care because a reasonable driver would likely avoid such dangerous conduct. In addition to demonstrating that the at-fault driver’s conduct was unreasonable, the plaintiff must also prove that the defendant’s actions directly caused the crash. There cannot be another, intervening force.Economic and Non-Economic Damages
As the final element of a negligence claim, damages will be set forth by the injured victim. Quantifiable costs include medical expenses to treat injuries and, in some cases, the anticipated costs of future treatment. Missed wages from work are also included in a damages calculation, and victims may be able to recover lost earning potential if they cannot return to their former vocation. Non-economic damages, such as emotional pain and suffering, are less easily quantifiable but are just as important when the emotional trauma that accompanies an accident proves to be severe.
If a loved one has been fatally injured in an improper passing accident, a car accident lawyer can help surviving family members pursue legal options for securing money damages. Typically, a personal representative files a wrongful death claim on behalf of the deceased. Damages range from expenses for funeral and burial arrangements to wages that the deceased would have earned had they reached retirement.Discuss Your Claim with a Skilled Car Accident Lawyer in Washington, D.C.
Car accident lawyer Roger Gelb has extensive experience fighting for clients at critical moments in their lives. When careless drivers engage in dangerous actions, they should be held accountable. Attorney Gelb makes it a priority to pursue monetary damages that compensate you for your past harm and account for the future impact caused by the vehicle collision. To learn more about the specifics of your case, call our office today at 202-331-7227 or reach us online. Our advocacy extends to people and families in VA, MD, and Washington, D.C.