Failure to yield accidents are very common in traffic accidents. The failure to yield occurs when a vehicle fails to slow down, stop, or move at all when approaching an intersection where the other driver has the right of way.
Negligence - failure to use reasonable care while performing an act that could reasonably be foreseen may result in failure to yield accidents. Negligence is typically used as a basis for personal injury claims and refers to conduct which falls below the legal standard established by state laws for ordinary people. In other words, failure to yield can be considered negligence if it can be proven that the failure was due to not following driving safety rules and regulations . Put simply, "not acting like a cautious and prudent driver."
Failure To Yield Accidents typically occur as a result of the following: failure to stop at a red light, failure to yield at marked intersections, failure to yield after stopping at an unmarked intersection with no sign or signal, failure to yield when turning left, failure to yield while entering or exiting a roundabout.
Failure To Stop At A Red Light
A failure to stop at a red light occurs when the driver of a vehicle approaches an intersection with a traffic light that is inoperative. In such cases, failure to stop will result in failure to yield accidents. Therefore, such drivers must treat such intersections as if they were uncontrolled and yield to any oncoming traffic .
Failure To Yield At Marked Intersections
A failure to yield at a marked intersection occurs when one driver approaches an intersection that is controlled by a stop sign and fails to come to a complete stop before entering the intersection. Drivers should always bring their vehicle to a complete stop before entering an intersection controlled by a traffic control device, such as a stop sign or red light.
Failure To Yield After Stopping At An Unmarked Intersection With No Sign Or Signal
A failure to yield after stopping at an unmarked intersection with no sign or signal occurs when a driver approaches an intersection and stops before entering it. When stopped, the driver should exercise caution and look right, left, and then right again . Once the driver has ensured the intersection is clear, they may proceed.
Failure To Yield When Turning Left
A failure to yield when turning left occurs when a driver proceeds into an intersection in preparation for making a left turn and fails to yield the right of way to approaching traffic.
Failure To Yield While Entering or Exiting A Roundabout
Failure to yield when entering or exiting a roundabout occurs when leaving the roundabout, failure to give way to traffic already in the roundabout.
When deciding who is responsible for failure to yield accidents, consider the "reasonable driver" standard. This means that ordinary care must be used by all drivers - it is not reasonable if someone drives over the speed limit or fails to follow traffic rules.
For example, you are required by law to use common sense and drive cautiously given the conditions of the roadway. Driving twenty miles per hour in a school zone where children are present would be negligent because it should reasonably be foreseen that a failure to be cautious could result in a failure to yield accident.
It is important for injured parties who have experienced failure to yield accidents to contact a personal injury attorney specializing in car accidents . An attorney will determine the fault of the failure to yield and any damages that may be owed. In certain situations, evidence can also be submitted proving that it wasn't necessary for other drivers to brake because you were moving very slowly.
For example, if you are stopped at an intersection waiting for pedestrians or cars from your right turn out of a side street and another vehicle comes speeding through the intersection without stopping and rear-ends you, or even worse gets T-boned or pinned against you, they should legally liable because there was no need to stop. They ran a red light because you were already stopped and should have been giving the right of way as a vehicle already in the intersection.
When To Contact A Lawyer
Drivers who are involved in failure to yield accidents often wonder what can be done about their injuries or other losses due to insurance companies not handling cases fairly.
It is important for injured parties to contact a car accident attorney before speaking with an insurance company about failure to yield accidents that may have occurred, because your recorded statement will most likely be used against you. Insurance companies do not want to take responsibility for failure to yield accidents and would prefer you don't hire an attorney. Therefore, they make it seem as if there's no hope for recovery from failure to yield accident victims by withholding evidence from investigation reports, delaying investigations, and not returning phone calls .
An experienced car accident lawyer will work diligently to get the most money possible for your failure to yield accident. With proper documentation and evidence, failure to yield accidents can be won in favor of the victim. The best time to hire an attorney is before you give any statement about how the failure to yield accident occurred or before you speak with insurance companies. Insurance companies make it seem like failure victims are at fault because they don't want their clients sued by failure victims seeking compensation for damages that have been incurred due to the other party's negligent failure to yield. However, insurance companies cannot penalize clients who hire lawyers when they are looking for recovery for their failure to-yield car accident injuries. Hiring a lawyer early on in the failure to yield accident process will benefit failure to yield victims because they can get fair compensation for medical bills, pain and suffering , loss of wages, and property damages .
Contact Accident Attorneys Boca Raton today to speak with experienced personal injury lawyers. We have over 10 years of experience and have hundreds of successful cases.