When you take to the road, your fellow drivers owe you a duty of care. This duty means that those drivers must abide by the rules of the road to keep you, your passengers, and any nearby motorists, bicyclists, and pedestrians safe from the harm they might cause with their vehicle.
Failure to yield the right-of-way while on the road often involves a deliberate or accidental disregard of traffic signs, stoplights, or other signals that require drivers to keep an eye out for others on the road.
Pursuing a legal case against a driver involved in a failure to yield accident does not have to involve going to court. A Kansas City failure to yield accident lawyer can review your case with you to determine what course of action may suit you best—the pursuit of a civil case or negotiations with the at-fault driver and their representatives.
The legal team at Ben Crump Law, PLLC, can work through your case and identify what avenues of compensation you could pursue. You can contact the team today at (800)-598-7557.
Determining Liability for Your Accident
Determining fault for a collision can take time and might require you to work with an investigator to gather evidence from the accident scene.
The Missouri Department of Insurance explains how, as a comparative fault state, should one party appear to hold more responsibility for an accident than the other, the insurance company affiliated with the at-fault party can provide for the victim’s losses. However, if you believe that the settlement the insurance company offers you doesn’t attend to all your post-accident needs, you can work with an attorney to determine alternative avenues for compensation.
For a free legal consultation with a failure to yield accidents lawyer serving Kansas City, call 800-598-7557
Taking a Case to Court
To pursue a case against another party in Missouri, you could work with a Kansas City failure to yield accident lawyer to draft a lawsuit. You can identify the party you believe has liability for your losses and the evidence you have defending your claim in your complaint.
That proof might include if the driver received a citation for violating Missouri Revised Statutes (RSMo) §304.351 outlining the rules regarding yielding the right-of-way at intersections.
An insurance company might simplify this process by making a statement regarding the fault of the other driver.
You can also elaborate on your losses in a complaint, using documentation to provide the court with an estimate of the compensation you could recover. After a failure to yield accident, your potential compensation might include:
- The cost of repairs for any property damaged or totaled in your accident.
- The cost of a rental car, should you need one.
- Medical bills for care administered both before you file your suit and future anticipated care.
- The cost of any medical aids you need to go about your daily responsibilities.
- Lost income for time missed from work.
- Reduced earning capacity if your injuries limit your future work opportunities.
The above list only includes economic damages, or damages that have a tangible dollar value. You can also fight for noneconomic damages, such as pain and suffering or loss of consortium, if such claims apply to your case. You can discuss what awards you could recover with a Kansas City car accident lawyer.
However, you will want above all else to submit a claim within five years of your accident taking place, according to RSMo §516.120. If you miss the deadline, a court might dismiss your case. You can call Ben Crump Law, PLLC, today to get started.
Kansas City Failure to Yield Accident Lawyer Near Me 800-598-7557
Negotiating with Another Party
If you do not wish to file a complaint, however, and the other party involved in your accident appears amiable to a conversation, you could forgo the formal civil process altogether. If an insurance claim doesn’t cover all your damages, you could reach out to the at-fault driver through a demand letter.
This kind of legal document has an intimidating name, but it is not meant to coerce another driver into covering your losses. Instead, a Kansas City failure to yield accident lawyer could craft this document, which explains to the other driver the extent of your losses and requests that they compensate you for your damages based on the evidence you have on hand.
Of course, the at-fault party may also reach out to you with a settlement offer. If this happens, you can work with a Kansas City failure to yield accident lawyer to compare the offer against your own calculated compensation needs and determine whether the offer sufficiently meets them.
A Kansas City Failure to Yield Accident Lawyer Can Work Through Your Case
Failure to yield accidents can involve a driver’s disregard for the safety of others on the road. They could fall asleep at the wheel or become distracted from the road, putting others in danger by failing to yield the right-of-way at an intersection. It’s also possible that someone does not see another person approaching the intersection due to the presence of obstacles on the road. They may not know that it is their responsibility to yield.
Whatever the contributing factors, you have rights if you fall victim to a failure to yield accident caused by another driver. Ben Crump Law, PLLC, can help you get your life back on track after a failure to yield accident. With help from a Kansas City failure to yield accident lawyer, you can take steps to bring a lawsuit against the at-fault driver or negotiate a settlement with them or their insurance company.
To discuss your case with the team at Ben Crump Law, PLLC, you can call us today at (800)-598-7557 for a free case evaluation.