How to Determine Fault in Failure to Yield Accidents

How to Determine Fault in Failure to Yield Accidents
Failure to Yield Accidents

All drivers must follow the rules on the road in order to avoid accidents or injuring others. But, there are drivers who drive carelessly and as if though rules don’t exist.

Rules about yielding to other drivers are rules that should be respected by every driver. Failure to yield the right way when required by law can lead to fault for causing an accident.

A failure to yield accident happen when a driver fails to yield the road appropriately, which leads to a crash.

An example of such an accident is when a car is aggressive about joining the road.

What to Do After the Accident

Failure to yield may be the only reason for a crash. A person who is injured because of another driver’s failure to yield has the right to file a lawsuit. An experienced car wreck attorney in Boston can help with this.

If you believe the other party failed to yield to your right of way, make sure you photograph the damages of your and other vehicles, as well from your injuries. Don’t forget to exchange contact and insurance information with the other driver.

After the accident, you can expect a call from the other driver’s insurer; they will ask for your statement. The smartest thing you can say is that you will wait before your attorney contacts the other party’s insurer.

The insurer will try to find the reasons you are liable for the accident in order to avoid paying for your damages.

The insurer of the other driver does not owe you a duty of care and might try to trick you in making admissions that will later prove damaging to your case.

If you believe it is your fault for failure to yield, do not apologize or admit fault to the other party.

In case it is not clear who is liable for a failure to yield an accident, the attorneys will have to retain accident reconstruction specialists to evaluate the evidence, including witness testimonies, skid marks, debris, and so on. The evidence will help in the reconstruction of how the accident happened.

Liable Drivers Won’t Admit Their Fault

Sometimes liable drivers and their attorneys and insurers will not admit the fault. The main reason for this is, of course, the money they have to pay to the injured victim.

There are cases when the liable party is hit by the victim’s vehicle, which makes the whole case even more complex for investigators and the police.

Common Injuries in Failure-to-Yield Accidents

The most common failure-to-yield injuries are when a vehicle is turning left in front of another vehicle (or person). Victims in such cases end with neck, shoulder, head, and back injuries.

The liable driver can end up with injuries that often occur in rear-ending crashes. The other driver who is not speeding will cause a back and forth motion, which leads to neck and head injuries, low back pain and herniated discs, and so on.

If both vehicles were speeding then both drivers can end up with harsh injuries.

Common Failure-to-Yield Accidents

These are the common ways in which failure-to-yield accidents occur:

  • Turning left
  • Turning at an intersection
  • Not stopping at a stop sign
  • Merging
  • Colliding with pedestrians and bicyclists

Drivers fail to yield the right way because of many factors such as impaired driving, weather conditions, or distracted driving. Also, aggressive driving and lack of patience can be a reason for such accidents.

Filing an Auto Accident Lawsuit

Failure to yield accident liability must be investigated in detail, especially if there are injured people in the accident.

Gather your evidence (contact, names, photos), so your attorney can have a base to approach your case.

If you were a victim of a failure-to-yield accident that was caused by the other party, you have the right to file a lawsuit and claim compensation for your injuries and damages. You must prove that the liable driver was negligent. Also, it must be proven that the duty was breached and that the action of the other party caused you the injuries.

Filing a compensation claim, and winning it will help you get a financial award that will cover your lost wages, medical bills, expenses connected to your injuries and damages, and pain and suffering.

Our team at Soto Law has a rich history of working on similar cases, and we are here to help you with every question you have.

Call our office today and schedule your consultation. We will represent your case and make sure you win your claim.

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