More than 3,500 fatal crashes in 2018 resulted from a driver’s failure to yield right of way, according to the Insurance Information Institute (III). Even for accident survivors, these collisions can cause serious injuries that affect the quality of their lives, rack up hefty medical expenses, and cost them in terms of missed income from work.
If another motorist’s failure to yield resulted in you suffering an injury, you should not have to assume these losses. You have been through enough, and your focus should center on recovering from your injury. Let a Bakersfield failure to yield accident lawyer take on the matter of pursuing compensation on your behalf.
Ben Crump Law, PLLC will charge you only when and if we win you a settlement or jury award. Best of all, we do not shy away from tough cases. Call us today for a free case review at (844) 730-0233.
Right of Way Laws in California
The California Department of Motor Vehicles (DMV) outlines the numerous right of way laws that apply in various driving situations throughout the state. These laws provide the understood framework with which motorists must comply to prevent collisions that cause injuries.
In California, right of way applies in these situations:
- Pedestrians: Motorists must slow down or stop at corners and crosswalks to avoid hitting pedestrians.
- Intersections: Motorists must slow down and prepare to stop if necessary if a stop or yield sign does not exist, yielding to anyone who has already entered the intersection. Turning left requires yielding the right of way to anyone close enough to present a hazard. Turning right requires checking for pedestrians and bicyclists who might be attempting to cross.
- Roundabouts: Motorists must yield to bicyclists and pedestrians on the roundabout and enter when a large gap presents itself. The DMV provides illustrations for the laws regarding entry to and exit from the roundabout.
- Mountain Roads: If two motorists meet moving in opposite directions on a narrow mountain road, the motorist whose vehicle faces down yields the right of way to traffic going up the mountain.
- Heavy Traffic: Motorists who wish to drive at slower speeds should not occupy the fast lane and should navigate into the right lane if the following vehicle wants to travel at faster speeds.
- School Buses: Motorists must stop and remain stopped as long as a school bus’s red lights are flashing.
The above rules make up only some of California’s right-of-way laws. Your lawyer can review your accident details and let you know if the other motorist violated state law. This information will serve as strong supporting evidence in your case.
For a free legal consultation with a failure to yield accidents lawyer serving Bakersfield, call (844) 730-0233
Establishing Fault
Your attempt to recover compensation for your accident injury falls under a legal area called personal injury or tort. Within the scope of tort law, you must prove four key elements for a jury to award you damages for your injury:
- Duty of Care: The defendant (the other driver) had the responsibility—as all motorists do—to behave in a way that would keep other road occupants from harm.
- Breach: The defendant failed to uphold their duty of care.
- Causation: The defendant’s violation of duty caused the accident that caused your injury.
- Damages: You suffered losses—physical, financial, and emotional—as a result of your injury.
Juries must hear compelling evidence that proves all the above statements in your case. A Bakersfield failure to yield lawyer can gather this evidence and package it in a strong argument for your right to compensation. Call Ben Crump Law, PLLC today for a free case review.
Bakersfield Failure to Yield Accident Lawyer Near Me (844) 730-0233
Investigating Your Accident
When you hire Ben Crump Law, PLLC to handle your case, our legal team will begin investigating every aspect of your accident, aiming to collect evidence that supports negligence, causation, and damages.
Toward this end, our legal team will:
- Visit the accident scene
- Obtain a copy of the police accident report
- Interview witnesses
- Seek photos and videos from nearby surveillance cameras
- Gather all medical records related to your accident injuries
- Get copies of your wage statements from your employer
We can also seek professional input from a wide variety of experts who can testify to what caused the accident, as well as how your injuries have affected (and will later affect) your employability, enjoyment of life, and other critical areas pertinent to seeking damages.
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Recoverable Damages
Your accident case does not precisely mirror other car crashes. Specifically, your injuries are unique to your case—and correspondingly, the losses you suffered and the impact your injuries have on your life cannot be determined by looking to settlements and court awards from other people’s collisions.
Generally speaking, however, some of the types of damages you might recover via a settlement or court award include:
- Doctors’ and surgeons’ fees
- Hospital stay
- Prescription medicine
- Physical therapy/rehabilitation
- Mobility devices
- Home modifications
- Replacement services
- Lost wages and benefits
- Diminished enjoyment of life
- Pain and suffering
- Mental anguish
- Emotional stress
If your loved one died from injuries caused by a motorist’s failure to yield, you might consider pursuing a wrongful death action. Our wrongful death lawyers can help you with this legal process, which can help you pay for funeral and burial costs, as well as other losses.
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Contact the Law Firm of a Bakersfield Failure to Yield Lawyer Today
In California, the statute of limitations requires that you take any legal action for a personal injury within two years of your accident. The sooner you begin working with an attorney, the more time you give your lawyer to build your case and meet this and other important deadlines.
Call Ben Crump Law, PLLC today at (844) 730-0233 for a free consultation.
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