Failure to yield is the failure to obey the rules of the road regarding which driver has the right of way. Any violation of yield laws can result in traffic tickets, citations, and serious injuries if a failure to yield causes an accident.
Failure to yield accidents are typically entirely preventable and the result of a driver failing to monitor their surroundings and making sure that they have a safe path to drive. In some cases, failure to yield accidents are the direct result of negligence or recklessness, causing a dangerous environment on the roadways for other drivers.
If you experienced a car accident resulting from another driver’s failure to appropriately yield to you, call our legal team at Ben Crump Law, PLLC at (800) 598-7557. A Tucson failure to yield accident lawyer might be able to help you with your case.
Situations Where a Car Must Yield
Drivers have a duty and responsibility to other drivers on the roadway to follow all safety and traffic laws. Failing to yield to other drivers that have the right-of-way can result in catastrophic accidents. The following situations exemplify some of the scenarios in which a driver’s failure to yield the right-of-way to another driver can result in an accident.
- Drivers that encounter an intersection of any kind (with traffic lights or stop signs) should yield the right-of-way to those entering the intersection that either has a green light or arrived at the intersection before them.
- Drivers should always yield the right-of-way to pedestrians and bicyclists that have the right to go through an intersection or on a crosswalk.
- Drivers should always yield the right-of-way when turning left at an intersection until the traffic moving in the opposite direction completely clears.
- Drivers should make certain that any traffic moving in the same direction they wish to turn right into remains completely clear prior to turning right.
- When approaching a public street, drivers on private parking lots, private roads, alleys, or private driveways should always give the right-of-way and yield to those driving on the main road.
- Drivers must yield the right-of-way to any emergency vehicles, such as fire trucks, police cars, or ambulances that have their sirens and lights on.
For a free legal consultation with a failure to yield accidents lawyer serving Tucson, call (800) 598-7557
Determining Negligence in Failure to Yield Accidents
Not every car accident has a clearly negligent party. In some cases, more than one driver will have some of the responsibility for negligence related to the car accident. For example, one driver may clearly have failed to yield to another driver. However, the victim of the accident may have driven recklessly or over the speed limit, which could have contributed to the severity of the accident.
Comparative Negligence in the State of Arizona
The state of Arizona allows victims of car accidents that hold a partial responsibility to still receive compensation for their injuries from the other injured party. Arizona is a comparative negligence state, and under Arizona Revised Statutes (ARS) § 12-2505, victims that contribute to an accident that causes injury or loss to themselves may still receive compensation for their injuries.
However, their recovery will diminish by the amount and proportionate degree determined as their fault in the accident. Therefore, if an independent investigation determines that a victim was 30% to blame for the accident, they will still have the legal right to pursue 70% of the full amount of compensation awarded in a settlement offer or judgment by the court.
As expected, these types of car accident cases can prove challenging and legally complex. Therefore, you can call our legal team at Ben Crump Law, PLLC to understand how a Tucson failure to yield accident lawyer can help you determine if this law applies in your particular case.
Tucson Failure to Yield Accident Lawyer Near Me (800) 598-7557
Causes of Failure to Yield Accidents
Failure to yield accidents are almost always preventable, and the result of a driver’s negligence. Some of the causes of failure to yield accidents include the following:
- Driving under the influence of drugs or alcohol
- Driving while distracted (texting and driving, talking on a cell phone, eating, drinking, smoking, distracted by objects or people in the car, etc.)
- Driving while fatigued
- Driving when inexperienced (many younger and new drivers simply do not understand the rules of the road in practice as it relates to right-of-way and intersections)
- Mechanical failures resulting from defective parts or components of a vehicle (faulty or defective brakes or tires, etc.)
An independent investigation into an accident can typically help determine the actual cause of the failure to yield accident and which party has a legal liability to compensate a victim for any injuries and losses.
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Victims of accidents related to failing to yield in the state of Arizona must file a legal claim within the deadline (statute of limitations) of two years or lose the legal right to pursue compensation permanently.
If a victim fails to receive a fair and just settlement from an insurance company and fails to file a lawsuit within two years of the date of the accident, they lose the right to receive any compensation under ARS § 12-542. Make sure that you do not miss this deadline by contacting our legal team today for free at Ben Crump Law, PLLC at (800) 598-7557 to learn how a Tucson failure to yield accident lawyer can help you with your case.
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