The rules of the road clearly spell out who has the right-of-way in specific situations. This is critically important to remember when approaching intersections and other complex maneuvers involving other drivers. Many accidents happened when drivers failed to yield to the driver that has the right-of-way.
Failure to yield accidents happen when a driver does not yield when they are supposed to and ends up in an accident. Intersections are notorious for this problem, especially when the traffic lights are not working. Accidents like this are relatively common, especially in places that have a lot of inclement weather that can interfere with traffic signals and other direction indicators.
According to the Centers for Disease Control and Prevention (CDC), there are more than 2.5 million accidents every year. If you were injured in an accident where a driver failed to yield the right-of-way to you, you might be able to file a lawsuit to recover compensation for your expenses. Consult with a failure to yield accident lawyer for legal guidance. Call the office of Ben Crump Law, PLLC at (800) 959-1444 for a free consultation.
Defining Failure to Yield Accidents
There are several types of failure to yield accidents, which can include:
- Uncontrolled four-way stop: An uncontrolled four-way stop is an intersection with cars coming from four directions, and there are no traffic signals. These intersections are common in neighborhoods and other lower traffic areas. Not yielding to the car that has the right-of-way can quickly result in a multicar accident.
- Three-way intersections: At an intersection where one road ends by joining another, commonly called a T intersection, the driver who is on the ending road yields to any cars on the other road. When they failed to do so, this can result in a side impact.
- Not stopping at signs: It is common for drivers to perform a rolling stop at signs when they think there are no other vehicles were pedestrians around. However, this can cause an accident. If there is another vehicle and they do not see it.
- Not stopping at crosswalks: Many drivers do not stop at crosswalks, even if there is a pedestrian in them. However, this can lead to an accident with a pedestrian if the pedestrian walks out, and the driver fails to stop.
There are other types of failure to yield accidents that are not covered on this list. If you did not cause the accident, the other driver would likely be held responsible. This means that you should be able to file a lawsuit to claim compensation for any expenses you have related to the accident.
Understanding Your Rights
If you are injured in an accident where a car failed to yield to your right-of-way, then you should be able to file a lawsuit against the driver. The law clearly states who has the right-of-way. There is little room for interpretation as to who caused the accident. Being the victim in the accident means that the other driver can be held responsible for all of your related expenses, such as your medical costs and the cost to repair your vehicle.
Settlement vs. Trial
When you file a lawsuit, you should be prepared for a long wait to go to trial. However, there is a good chance that your case will never make it to trial.
The majority of civil law cases are settled out of court due to settlement agreements. They are a faster way of settling a lawsuit and make it easier for both sides to negotiate. You will likely be offered a settlement agreement by the person that caused your accident, which you can either accept, renegotiate, or deny.
Common Injuries from Failure to Yield Accidents
The injuries in a failure to yield accidents can vary widely based on the severity of the accident. Many failure to yield accidents result in serious vehicle damage. Many of these accidents are side-impact collisions of various types. The side of a vehicle is often the least protected by safety devices. This means that drivers and passengers are more likely to be seriously injured.
Broken bones, concussions, and cuts are common since side-impact collisions tend to compromise the frame of a vehicle and different parts like the windows. It is also possible to develop a condition called whiplash, where the muscles of the neck are severely strained and will take some time to heal. Head injuries are also relatively common, and they can lead to more serious injuries like brain damage or disabilities if severe enough or left untreated.
Statute of Limitations
Making the decision to file a lawsuit can take some time. However, you want to ensure that you have as much time to build your case is possible. There is a legal time limit for how long after the accident you have to file a case called the statute of limitations. Every state has a different statute of limitations for specific types of cases. Some states have a statute of limitations as short as one year. Other states have statutes of limitations up to six years or longer, depending on the type of case.
States limit the statute of limitations for personal injury cases to between two to six years. Your lawsuit must be filed within that many years to the day of the accident, or it will generally be denied by the court. To ensure that you know how much time you have, consult a lawyer that practices in the state that your lawsuit will be filed in.
Contact Us Today
If you or a loved one were injured in a failure to yield accident, consult a failure to yield accident lawyer to see what your legal options are. At the office of Ben Crump Law, PLLC, we offer free consultations and work on a contingency basis. Call us at (800) 959-1444 to discuss your case.