Rules of the road are established in every state to prevent harm in traffic accidents that are often predictable given certain conditions. Many of the rules established in each state involve when drivers should yield the right of way, whether to other drivers or to pedestrians. Drivers have a responsibility to follow the rules of the road as part of their duty of care to others they encounter on the roads. When drivers fail to yield the right of way when the law requires it can result in liability for personal injury damages when accidents occur as a result.
Often when a driver fails to yield, it causes the driver who has the right of way to crash into the driver that fails to yield. Some such scenarios include drivers who fail to yield to recently changed traffic signals; drivers making left turns and fail to yield to oncoming traffic; overly aggressive drivers merging onto the highway without yielding to oncoming traffic; and drivers entering an intersection without yielding to a pedestrian already in the crosswalk.
Failure to Yield Often Constitutes Negligence
Failing to yield when the law requires it basically constitutes negligence. Negligence on the roadways can prove liability in personal injury claims. When an individual is injured as a result of a driver who fails to yield when required by law, they can often sue for compensatory damages. Those damages can include medical costs, loss of income, pain and suffering and more.
What to Do if Injured in an Accident Caused by a Driver Who Fails to Yield
If you’ve been injured as a result of a motor vehicle accident caused by a driver who fails to yield when the law requires, you should capture photos of the accident scene, including damage to both vehicles and any visible injuries if at all possible. You should exchange contact and insurance details with the driver and attempt to obtain contact details of any witnesses at the scene and as soon as possible, share that information within your insurer and personal injury
If you’re unsure how to prove that the other driver failed to yield and the law required it in your traffic circumstances, you may need the assistance of an attorney who can employee an accident reconstruction team. They can review all of the evidence to help prove fault in your case.
If you are contacted by the at-fault driver’s insurer to get your side of the story, it’s important to know that their insurer has no responsibility to ensure you receive a fair shake in the review of your claim. Their only objective is to limit the amount of compensation they are liable to pay out on behalf of their client. To that end, they may try to get you to say something that will suggest that you were at fault in the traffic accident. For this reason it’s important that you retain the representation of an experienced personal injury attorney with a specialty in motor vehicle accidents. They can help with investigation of the accident, proving fault in your claim and fighting for the full scope of damages that you’re entitled to receive in your claim.
Call a personal injury attorney that is responsive and fights for your right to compensation. Bizzieri Law Offices in Chicago offers expert legal representation filing personal injury claims for client from every walk of life. The claim review is free, and we never collect a fee unless we recover damages for you. Call us today at 773.881.9000. We can help!