Failure to Yield Accidents & Legal Concerns
At its core, a failure-to-yield accident occurs when a driver does not follow traffic laws that dictate who has the right to proceed in a given situation. These laws exist to create a safe, predictable flow of traffic. The "right-of-way" is not a right to be taken, but rather a rule that requires one driver to yield to another.
Common Failure-to-Yield Scenarios
These accidents frequently happen in specific situations in which right-of-way rules are critical:
- Left Turns: A driver turning left must yield to oncoming traffic that is close enough to be a hazard.
- Stop Signs and Yield Signs: Drivers must yield to traffic and pedestrians already in or approaching an intersection.
- Merging: When entering a highway or changing lanes, drivers must yield to vehicles already in that lane.
- Pedestrian Crosswalks: Drivers must yield to pedestrians in both marked and unmarked crosswalks.
- Cyclists: Drivers must yield to cyclists traveling in a designated bike lane or sharing the roadway as permitted by law.
- Entering a Roadway: A driver entering a public road from a private driveway or parking lot must yield to traffic.
- Emergency Vehicles: All traffic must yield to an approaching emergency vehicle with its lights and sirens activated.
What to Do Immediately After an Accident
Your first priority is safety. If you are involved in a collision, take these steps:
- Ensure Safety: If possible and safe to do so, move vehicles out of the path of traffic to prevent further collisions. Turn on your hazard lights.
- Contact Emergency Services: Call 911 immediately. Police can secure the scene and create an official report, and paramedics can provide necessary medical attention.
- Seek Medical Attention: Even if you feel fine, some serious injuries may not be immediately apparent. Seeking prompt medical care also creates a crucial record for any future injury claim.
- Exchange Information: Get the name, address, phone number, driver's license number, and insurance information from all other drivers involved.
Gathering Evidence at the Scene
The evidence you collect at the scene can be critical for proving fault.
- Take Photographs and Videos: Use your phone to document everything. Take photos of the entire scene, the position of the cars, all vehicle damage, skid marks, traffic signs, and any relevant road or weather conditions.
- Get Witness Information: If there are any witnesses, ask for their names and contact information. An independent account of the events can be powerful evidence.
- Note the Details: Write down everything you remember about how the accident occurred, including the time of day, location, and your direction of travel.
- Obtain the Police Report: Ask the responding officer for the police report number and how you can obtain a copy. This report often contains the officer's initial assessment of fault.
Proving Negligence
In the eyes of the law, the driver who failed to yield is typically at fault. This is based on the legal concept of negligence. To prove another driver was negligent, you must establish four elements:
- Duty of Care: Every driver has a duty to operate their vehicle safely and obey all traffic laws, including yielding the right-of-way.
- Breach of Duty: A driver who fails to yield has breached this duty.
- Causation: This breach of duty directly caused the accident.
- Damages: The accident resulted in measurable harm, such as medical bills, property damage, lost wages, and pain and suffering.
Potential Legal Defenses in a Failure-to-Yield Case
While the driver who fails to yield is often presumed to be at fault, they may raise legal defenses to shift or share the blame. Be aware of these common arguments:
- You were speeding: If you were traveling at an excessive speed, the other driver may argue it was impossible to judge if it was safe to proceed.
- Your vehicle was not visible: Obstructions like parked cars or overgrown bushes may be used as a mitigating factor.
- Sudden and unexpected action: For example, if a pedestrian suddenly darts into the road far from a crosswalk.
- Malfunctioning traffic signals: If traffic lights were not working correctly, it can complicate who had the right-of-way.
When Both Drivers Share Fault
In many cases, a jury may find that both parties are partially at fault. Most states follow a "comparative negligence" system to handle this.
- Modified Comparative Negligence: In many states, you can recover damages only if you are less than 50% or 51% at fault. Your compensation is then reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, you would receive $80,000.
- Pure Comparative Negligence: In some states, you can recover damages even if you are 99% at fault, although your award would be reduced by that percentage.
- Contributory Negligence: A small number of states use this harsh rule, which bars you from recovering any damages if you are found even 1% at fault.
Compensation for Failure to Yield Accidents
If you prove the other driver’s failure to yield caused your injuries, you may be entitled to recover compensatory damages. These include:
- Economic Damages: These are tangible financial losses, including past and future medical bills, rehabilitation costs, lost wages, diminished earning capacity, and vehicle repair or replacement costs.
- Non-Economic Damages: These compensate for non-financial losses, such as pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life.
In some cases, an uninjured spouse may recover damages for loss of consortium if the injury significantly interferes with the marital relationship.
