Common Failing To Yield Accidents
Accidents caused by failure to yield the right of way are increasingly frequent. Common ways in which these types of accidents occur include:
- Turning left
- Turning at an intersection
- Rolling through a stop sign
- Colliding with pedestrians and bicyclists
Why do drivers fail to yield the right of way? Many factors may play a role, including distracted driving, impaired driving, and weather conditions. Aggressive driving and lack of patience can also be a contributing factor.
Car Crash Liability
Failure to yield accident liability should be thoroughly investigated in cases causing serious injuries. It is recommended that if you are medically able, you should gather information at the time of the accident. This could greatly assist your attorney in establishing liability in your case.
Additionally, take photos of the accident scene and collect contact information from any witnesses who have stopped. After the accident has occurred, your attorney can review intersection footage, interview law enforcement, and uncover other information that will assist in establishing liability in your case.
Filing An Auto Accident Lawsuit
Victims who have been injured in an accident caused by the failure of a driver to yield the right of way can file a negligence lawsuit against the at-fault driver. Three key elements must be proven to uphold the claim:
- It must be proven that the at-fault driver owed the injured party a duty. All drivers have a duty to drive sensibly to protect other motorists.
- It must be proven that the duty was breached. Failure to yield the right of way is a breach of sensible driving.
- It must be proven that the actions of the at-fault driver caused the plaintiff’s injuries.
By filing a failure to yield lawsuit, victims can pursue compensation for their injuries. Victims may be able to recover financial and emotional damages such as:
- Medical expenses
- Lost earnings
- Pain and suffering