California drivers must follow the rules of the road to reduce accident risks. Motorists who fail to adhere to local laws, like not yielding, can be responsible for the damages stemming from the collision they caused. If you or a loved one is recovering from injuries because another driver hit you, you have the right to seek reimbursement for your losses.
A serious car collision can result in high medical costs and vehicle repairs. You and your family should not have to suffer financially because of another driver’s negligence to obey the rules.
You have two years from the accident date to start the legal proceedings to collect compensation for injuries or death, according to California Code of Civil Procedure (CCP) §335.1. A Santa Ana failure to yield accident lawyer can help you get started by reviewing your case. Contact Ben Crump, PLLC, at (844) 730-0233 today for a free consultation.
Why Failure to Yield Is Dangerous
Failure to yield occurs when a motorist does not stop for a party with the right of way. The right-of-way party could be other drivers, pedestrians, or bicyclists. Some examples of failure to yield include when a driver:
- Turns left at an intersection but does stop for oncoming traffic
- Does not stop for pedestrians in a crosswalk
- Does not obey “stop” and “yield” signs
- Does not obey traffic lights
- Goes around a school bus that is flashing red lights
- Goes under or around lowering railroad gates
- Does not pull over for an emergency vehicle
Many accidents occur at intersections after a driver fails to yield the right of way. They may have not stopped at a three- or four-way intersection and crashed into your vehicle. Your vehicle might have been hit when making a legal left turn following the green arrow because another driver took a right without looking.
Some reasons drivers fail to yield are:
- They are young and inexperienced.
- They are in a rush.
- They are driving while drunk or under the influence of alcohol, drugs, or other substances.
Some drivers do not pay attention to pedestrians. In some cases, they turn into an intersection and hit people crossing a street while in a crosswalk. All drivers must yield to pedestrians whether they are in a marked crosswalk or not.
You could seek payment for damages if a driver failed to yield and hit you, your loved one, or your vehicle. Contact Ben Crump Law, PLLC, for a free consultation to learn more about suing for economic and non-economic losses. Our legal team can also explain how a Santa Ana failure to yield accident lawyer can protect your legal rights and options.
For a free legal consultation with a failure to yield accidents lawyer serving Santa Ana, call (844) 730-0233
Who Is at Fault When Drivers Fail to Yield
In most cases, an accident causes property damage, injuries, or both. The state requires all motorists to carry auto insurance to cover these losses after an accident. For instance, the at-fault party’s insurance provider will pay medical bills and vehicle repairs related to the accident.
According to California Vehicle Code (VEH) §16430, a motorist’s policy will need to have a minimum of:
- $15,000 for injuries or the death of one person.
- $30,000 for injuries or the deaths of two or more people.
- $5,000 for property damage.
California also uses comparative negligence when determining which party is at fault. Comparative negligence means both parties share the blame, such as 50% each, 75% and 25%, and even 99% and 1%.
How much the other party is responsible for will depend on their comparative negligence percentage. For instance, the injured party is 10% responsible for the accident that caused $10,000 worth of medical bills. The damage award would reduce 10% to $9,000.
Proving Negligence
When a collision causes injury, persons involved must contact local law enforcement. Police reports and other documents can help prove who is at fault for the accident. If a driver breaks the law, police officers may presume they are at fault.
Your legal team will need to prove the other driver is responsible for the damages you suffered from the accident. All drivers have a duty of care to operate a vehicle reasonably to reduce the risk of harm to others. If the driver broke the law by not yielding, your legal team might be able to show they were negligent with evidence, such as:
- Police reports
- Eyewitness statements
- Photos and videos of the accident
- Cell phone records
- Vehicle computer reports
For example, closed-circuit security footage from a nearby building might show the accident as it occurred. Phone records might show the driver was using their cellphone while driving, causing distracted driving. Likewise, vehicle computers might show that the driver did not slow or stop before the collision occurred.
Santa Ana Failure to Yield Accident Lawyer Near Me (844) 730-0233
Car Accident Damages
If the other driver collided with your vehicle, you likely have vehicle damage. You can request reimbursement for the damage from the motor’s insurance company. Your claim might be for the repair costs or payment for its value if unrepairable.
Your injuries might be very severe if the collision was bad or if you were a pedestrian. You can seek compensation for your medical bills related to the accident. This can include upcoming expenses, such as rehabilitation, treatments, and medication.
You might also request reimbursement for the earnings you lost because of the incident. Income loss can include the days to weeks of work you missed and any future earnings loss. Your ability to make money might have changed due to the accident if:
- Your injuries will require long-term treatment and recovery.
- You suffered permanent injuries, such as a disability or disfigurement.
- Your cognitive abilities have decreased.
You can also seek payment from the at-fault driver if the accident caused your family member’s death. In addition to compensation for your pain and suffering, you might request reimbursement for the earnings your loved one would have made if the accident had not occurred.
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Call Ben Crump, PLLC, Today
If you are looking for a Santa Ana failure to yield accident lawyer to represent you, contact our team at Ben Crump Law, PLLC. Our fee comes from your compensation if you win, so you do not have any upfront fees or costs. Give us a call at (844) 730-0233 today for a free consultation.
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