All drivers owe other motorists, pedestrians, and cyclists a duty of care. This means they are required to exercise caution so they can prevent accidents. Drivers should always follow traffic laws, including those related to the right-of-way. A driver who fails to yield when required to do so can cause a collision with another vehicle.
If you were involved in an accident that was caused by a driver who failed to yield the right-of-way, you may have been seriously hurt. You may have been transported to the hospital and treated for a concussion, whiplash, broken bones, internal bleeding, organ damage, and other types of injuries. You may have undergone one or more surgeries and may need more in the future. You may be receiving treatment at a rehabilitation facility or seeing a chiropractor or physical therapist several times per week.
The medical bills may be piling up at an alarming rate, causing stress that takes an emotional toll on your entire family. If you are unable to work because of your injuries, you may be falling behind on your bills for other living expenses—such as your mortgage or rent, food, and utilities—and struggling to figure out what to do.
A San Jose failure to yield accident lawyer with Ben Crump Law, PLLC can investigate the circumstances that led to your accident and file a personal injury lawsuit against the negligent driver to seek compensation for your losses. Call our team today at (800) 598-7557 for a free consultation.
How Right-of-Way Accidents Can Occur
Rules are in place so that drivers know what to do in any given situation and how to avoid a collision. California Vehicle Code (VEH) Sections 21800-21809 explains the rules about who has the right-of-way and who must yield in a variety of circumstances, including when a motorist is entering a highway, approaching an intersection, or making a left turn.
A driver may fail to yield the right-of-way because they do not understand the relevant laws—but in many cases, people simply fail to yield out of impatience. A person who does not want to wait for other drivers to pass before making a left turn may try to cross one or more lanes of traffic. A driver who wants to merge onto a busy road and does not want to wait for other cars to pass may try to squeeze between two vehicles. Actions like these can result in an accident that causes serious injuries to drivers and passengers alike. A motorist who fails to yield and strikes a motorcyclist, bicyclist, or pedestrian can cause life-threatening or fatal injuries as well.
For a free legal consultation with a failure to yield accidents lawyer serving San Jose, call (800) 598-7557
How to Seek Justice
A San Jose failure to yield accident lawyer will likely start by reviewing the accident report and interviewing you, your passengers (if any), and any eyewitnesses who were in the area at the time of the collision. Our legal team may also find that a nearby traffic camera or surveillance camera at a home or business recorded the crash, or that someone with a cellphone inadvertently caught the collision on video. If a recording of the accident exists, it may provide valuable evidence that shows the other driver failed to yield the right-of-way.
If no video of the crash exists and we receive conflicting information from you, the other driver, and any witnesses, we may hire an accident reconstruction expert to help us figure out what happened. This expert will take multiple factors into account to determine the most likely sequence of events, including:
- Statements from you and other sources
- The design of the road
- Anything known about traffic, road, and weather conditions at the time
An attorney representing the defendant may argue that you contributed to the accident and therefore share liability for your injuries. For example, if the other driver failed to yield, but you were riding a motorcycle and you were not wearing a helmet as required by California law, the other driver’s lawyer may argue that your injuries would have been less severe. Even if you are partially liable, you may still be entitled to compensation. California’s pure comparative negligence law allows you to receive a financial award that is reduced to reflect your amount of liability. Contact Ben Crump Law, PLLC today to discuss the details of your case.
San Jose Failure to Yield Accident Lawyer Near Me (800) 598-7557
Let a San Jose Failure to Yield Accident Lawyer Work for You
Once we have figured out what happened, our team at Ben Crump Law, PLLC, can file a personal injury lawsuit against the driver who was responsible. While we are often able to negotiate out-of-court settlements on behalf of our clients, in some cases, we cannot reach an agreement with attorneys representing the other party. We will take a case to trial if we believe it is necessary to obtain a fair level of compensation for you.
If you are concerned about legal fees, there is no need to be. We work on contingency, which means that we do not require clients who need help with personal injury cases to pay any money upfront. We only get paid if we secure a financial award for you.
Under California Code of Civil Procedure (CCP) Section 335.1, the statute of limitations to file a personal injury lawsuit is two years. Investigating and building a case is a complex undertaking that often takes several months, so time is of the essence. Call Ben Crump Law, PLLC, today at (800) 598-7557 so we can get started as soon as possible.