Failure to Yield Right of Way – Car Accident Attorneys

Personal Injury Lawyers » Failure to Yield Right of Way

Theory of Liability: Failure to Yield Right of Way

All car accident cases have to be based on a theory of liability. In order to cast a wide net, we will generally site a predominant theory of liability as well as tertiary theories. In this article, we will discuss the most common theory which is known as failure to yield right of way.

What is the Right of Way?

Essentially, this term means to let the other person go first. These signs are very common on all types of roadways and they are intended to give the driver notice that another driver is to be favored. Usually, these signs are present in order to protect the other driver who is especially susceptible to being involved in an accident if the driver’s given the yield sign do not act with extra caution.

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Common Ways That a Defendant Can Fail to Yield the Right of Way to You

Defendants will frequently ignore yield signs which you find on off-ramps for highways. Anytime you are driving on an access road adjacent to the freeway you will inevitably pass a yield sign. They are typically a red and white-colored triangle instructing you to yield to the traffic exiting the freeway. Often defendants will ignore these signs and cause you to be involved in a car accident while you are trying to exit the freeway. If this has happened to you, you likely have a strong claim against the negligent driver for your injuries sustained in the accident.

The defendant failed to yield the right of way when they turned from a parking lot into your path. How many times have you been driving down a roadway when a careless driver suddenly turns out of a parking lot directly into the lane in which you are traveling causing you to suddenly slam on your brakes? If this happened to you and you suffered an injury because of it, the negligent driver has broken the law and should be held accountable for your damages.

If a defendant has run through a stop sign they have ignored an express sign to yield and are responsible for your damages. While a stop sign is not a traditional yield sign, its intent is to have drivers use caution and yield to you as you pass. Many times two roads will cross and one of them will have the right of way while the other must yield as mandated by a stop sign. If you are hit by a car that did not obey the stop sign, then they will likely be liable for your resulting damages.

There are also certain parking lot scenarios where you can be injured by a car that failed to properly yield. The general rule of thumb is in the absence of signage in a parking lot, whichever road is connected to the main road has right of way. Generally speaking, any time someone has to turn on another road they are required to yield right of way.

For example, when you shop at a Mall you have probably encountered this situation. There is the main access road coming from the Freeway access road. There are several pathways in the parking lot that cross this road, but there are not always stop signs denoting that the other driver must yield to you. However, if you are traveling on this road you are inherently given the right of way since it is the main path connected to the major roadway.

One of the most common accidents caused by drivers failing to yield involves yield left-hand turn signals. This is often found when you are attempting to turn left onto an intersecting roadway, but instead of a green arrow that gives you complete authority to turn, you are simply given a green light with the instruction to yield to oncoming traffic. Countless drivers are given this yielding green light, but they fail to pay adequate attention to the traffic flow, or they intentionally drive thinking that they can essentially beat you to the intersection. Whether the driver causes you to be hurt in an accident due to their carelessness or intentional recklessness, that negligent driver will be responsible for your damages because they failed to yield the right of crash lawyers

How Do I Prove the Defendant Failed to Yield Right of Way?

Proving any personal injury matter is based on the preponderance of the evidence showing that it is the more likely scenario. This causes us to rely on our persuasive abilities and whatever evidence we can find. Typically this is determined by first learning what roads and direction each of the parties are traveling on. We must prove where the cars were and where they were coming from. These two facts often shed a great deal of light on the accident and give clarity to the events that actually occurred. We can also assess the situation and details leading up to the accident by analyzing the damage to both vehicles. Through damage analysis, we can determine the speed and direction each car was traveling.

For example, you were driving down a road, you got in a car accident and the defendant is claiming that you rear-ended their car and therefore you are liable. However, via accident analysis, we can show that the defendant’s car clipped the right front side of your vehicle while they were changing lanes. If there is damage to the right from side of your car, this could not have been caused by you rear-ending the vehicle. They clearly changed lanes without using proper caution and checking for cars in surrounding lanes. As a car traveling in that lane, you have the right of way and any car changing lanes to move into your path must yield and give you the right of way.

The attorneys at our law office have various techniques for proving negligence and establishing the defendant’s liability in a failure to yield right of way claim. To further discuss how we might specifically prove your damages, contact our law office.

Here’s What the Right Attorney Can Do For You

We hope you’ll find our personal injury Law Firm much more valuable than the rest of the free online legal advice that your Internet search return has provided you. We also believe you will feel more comfortable trusting us to help you in the event that you need a specialized personal injury attorney to represent you. The confidence of all our clients, past, present and future, is very important to us. motorcycle accident lawyers

At our Texas Law Firm, many of our clients are smart people who are capable of picking up a textbook and learning the law. Nevertheless, plaintiffs who attempt to litigate their cases without competent, experienced attorneys rarely, if ever, recover what they are entitled to. Pursuing a personal injury claim requires not only a complete understanding of the law, but also a large amount of time, the ability of your attorney to apply the law to the facts of your individual case, expertise in discovery methods and techniques of proper investigation, along with deep knowledge of the rules of civil procedure and evidence. Even the most legitimate of claims will be summarily dismissed if the plaintiff fails to comply with a legal technicality. The best way, and often the only way, to ensure that your rights are protected is to retain an experienced personal injury attorney. And we believe you’re smart enough to know all of that too.

Our Law Firm delivers to personal injury victims a number of valuable legal services in every case that we handle. Our first priority is to make sure that you receive the medical care you need because your health and well-being are most important for not only your recovery in general but to establish the importance of your injuries and how they have made your life more difficult. Even if you’re uninsured or don’t think that you can afford treatment, we can refer you to a capable, sympathetic doctor who will not allow your situation to keep you from the care you deserve, and then bill us for that expense which we will recover once your case is settled.

Next, we’ll quickly begin a thorough investigation of every aspect of your case. The sooner we begin our investigation, the stronger your case will be. This is why it’s best to contact a lawyer as soon as possible to make certain that critical evidence doesn’t “magically disappear” before we have a chance to find it. After our investigation, we’ll handle every aspect of your case. We take all phone calls, meet all deadlines, negotiate with defendants (and their attorneys and insurance companies) on your behalf, develop trial strategies, and everything else necessary to increase your chances of collecting the maximum compensation possible for your injuries from all liable defendants.personal injury lawyers

If you’ve suffered a personal injury in Texas, the personal injury legal advice you find online is never enough to protect your rights. Even the smallest variation in the conditions of your accident can have crucial implications on the way your case is handled and how it’s successfully resolved. For a free assessment of your legal situation call our Law Firm at 1(800) 862-1260 (toll-free). We’re available around the clock seven days a week to take your call.

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When injuries are suffered there is no perfect manner in which to adequately compensate a victim for the injuries suffered. The more severe the injuries, the more inadequate the available compensation seems. The compensation available is monetary, through insurance. No one ever has a moral problem getting their car repaired by insurance after an accident. However, the insurance company cannot simply “repair” an injured party to his pre-injury state, so the compensation available is monetary compensation. In our experience, we have never had a client who wouldn’t forsake the monies to be returned to their condition prior to the accident, and obviously the more serious the injuries, the larger the wish that they could be returned to their pre-injury state.

Our law firm strongly suggests that you contact our office as soon as possible after an accident, or after deciding to pursue your claim, in order that we may fully protect your rights by protecting you from adjusters and other persons who act against your interests and only on behalf of the insurance companies’ interests. The firm ensures that the information the insurer receives, or the answers that the insurer is given, accurately reflect your situation and your injuries, in order that when your claim is finalized you receive proper compensation.

Regardless of how the injuries occurred, be it as a result of a Car Accident, Slip and Fall, or from some other event, we can be of assistance as we have handled claims of all kinds. Additionally, regardless of the type of injuries that may have been suffered, whether they are minor, moderate, severe or extremely severe (Paraplegia, Quadriplegia, Brain Injuries), We can be of assistance as we have handled injuries of all kinds. Our attorney also can be of assistance in the event of a loss of life (Fatality), or if coverage is being denied under a Disability Policy. our attorneys have settled injury files across a very wide range of monetary amounts, including large awards in the millions of dollars.