Numerous pedestrians, automobiles, bicycles, and other vehicles use the roads and freeways daily. Unfortunately, some drivers do not practice safe driving and operate their vehicles as though they always have the right of way. Serious accidents can arise when motorists do not follow basic traffic rules.
If you or your family member was hurt after colliding with a negligent driver, you might be entitled to compensation for any suffering and losses you experienced. An Anaheim failure to yield accident lawyer can determine whether you have a legitimate case and guide you through the legal process.
Call Ben Crump, PLLC today at (800) 598-7557 for your free consultation.
Failure to Yield Collisions Are More Common Than You Think
Anaheim drivers are supposed to abide by California law when it comes to the right of way, according to the California Department of Motor Vehicles (DMV). Among other things, the rules state who should proceed first at an intersection. For instance, drivers must always give way to pedestrians who were already at the intersection or to vehicles on the right if they arrived at the same time.
Failure to yield happens when a driver does not allow a pedestrian or another vehicle to have the right of way even when they are legally entitled to it. This often happens while merging onto a freeway, during a left turn, at a stop sign, or a yield. Both parties could end up colliding by attempting to proceed at the same time.
If someone crashed into you because they did not yield to the right of way, you might be able to hold them legally responsible for any resulting damages with the help of an Anaheim failure to yield accident lawyer.
For a free legal consultation with a failure to yield accidents lawyer serving Anaheim, call 800-598-7557
Failure to Yield Accidents May Be Complicated
Although some car accident cases are resolved without much difficulty, failure to yield accidents tend to be complicated. That is because they are not like most other accidents when the negligent driver hits the victim. When drivers ignore the right of way, they often are the ones who get hit since the victim does not have enough time to avoid crashing into them. If this happens to you, it could be challenging to prove that you were not at fault or only partly responsible for the accident.
An Anaheim failure to yield accident lawyer could carry out a thorough investigation to help you sort out all the factors contributing to your accident. They could use a police report, medical records, or eyewitnesses to determine if the other driver was intoxicated at the time of the accident. They might check for other issues, such as faulty brakes, distracted driving, lack of familiarity with road rules, and inexperienced driving.
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You Have Rights if a Negligent Driver Injured You
California Civil Code (CIV) §1714 would entitle you to certain benefits if someone else’s negligent actions caused you to get hurt. To recover compensatory damages, you need to show that the driver who failed to yield was at fault. This means that you must establish negligence by demonstrating that when the driver did not exercise reasonable care on the road, an accident occurred wherein you suffered injuries.
While it might be true that some accidents are unavoidable, the overwhelming majority of road accidents could have been prevented. In Anaheim, most collisions are due to driver negligence. An Anaheim failure to yield accident lawyer can sufficiently investigate if a careless or negligent driver is accountable for your economic and non-economic damages. You may have the right to collect compensation for your hospital bills, lost earnings, property damage, pain and suffering, and other intangible losses.
However, bear in mind that the process involved in recovering damages may be overwhelming, especially in a civil injury lawsuit. You have the burden of proof, so you need to present evidence that is more compelling than that of the other party. You and the other party might have conflicting accounts of what happened, but having a legal representative on your side may ease the trouble of proving negligence.
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How to Determine Who Pays for Your Damages
Following your car accident in Anaheim, filing a claim against the at-fault driver’s insurance company is likely your first step. They are responsible for paying for expenses related to your crash, up to policy limits. If the insurance claim does not cover all your losses or the insurance company refuses to pay a reasonable settlement, you could hire an Anaheim failure to yield accident lawyer to help you file a lawsuit in civil court.
California is one of the comparative fault states, which means you can recover damages from at-fault parties. However, the principle of comparative negligence will apply, and your percentage of fault will influence the amount of compensation you can receive. Also, the strict statute of limitations, California Code of Civil Procedure (CCP) § 335.1, generally gives you only two years from the day of your accident to take legal action. If you cannot file your suit within this period, you will lose your right to litigate and make a recovery.
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Call for a Free Consultation with Us Today
You do not have to deal with insurance companies and lawsuits alone, especially if you are incapacitated or recovering from injuries after a road accident. An Anaheim failure to yield accident lawyer is ready to fight for your legal rights, whether with insurance companies or in court. We work on a contingency basis, so we do not get paid unless we help you get compensated. To get started, call Ben Crump, PLLC, today at (800) 598-7557, and we will gladly answer questions about your situation.
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