The failure to yield is one of America’s top causes of car accidents. In 2019, it ranked third as a leading cause of fatal accidents and accounted for 7.3% of deadly crashes. This percentage amounted to almost 4,000 lives lost on the road. Whether you lost a loved one or suffered injuries, working with an experienced attorney might help you secure compensation.
What Is the Failure to Yield?
The failure to yield is a type of negligence. It occurs when a driver does not give another vehicle, pedestrian or cyclist the right-of-way. This can result in serious accidents, including head-on collisions and T-bone accidents. Failure to yield also violates a code of trust on the road, so other drivers might have difficulty avoiding these accidents.
How Does the Failure To Yield Happen?
There are many ways that the failure to yield can occur. These are some of the most common:
- Cutting off another driver while merging onto the highway
- Failing to stop at a stop sign or red light
- Turning left in front of oncoming traffic
- Passing on the shoulder of the road
What Should You Do After an Accident Involving the Failure To Yield?
After an accident, you might feel shock, anger or sadness. These emotions can become overwhelming and make it difficult to focus. In some cases, head injuries can make this even more difficult. If you can think clearly, you can consider some general actions after an accident.
Conduct a Wellness Check
The first thing doctors recommend is ensuring that you and your passengers are okay. If you have any injuries, you should seek medical attention as soon as possible. Even if you do not have any apparent injuries, you might want to get a check-up from your doctor to ensure that you do not have any internal injuries.
Collect Information at the Scene
Collect information about the other driver, passengers and witnesses at the scene. This information includes names, contact information, driver’s license numbers and insurance information. If you have a camera or phone, take pictures of the damage to both vehicles. It is also helpful to take photos of the scene, including road conditions, skid marks and traffic signs.
Call the Police
If you or anyone else suffers injuries, you should call the police. The police will create a report that your accident lawyer can use as evidence in your case. In some states, you need to file a police report after an accident, while others set a threshold based on estimated damage or type of property damage.
Get Medical Treatment
If you are injured, you should seek medical attention as soon as possible. In some cases, you might not feel pain or symptoms until days or weeks after the accident. A delay in treatment can make it more difficult to prove that your injuries are related to the accident.
Work with an Attorney
You might feel capable of handling everything yourself, but an experienced attorney can be a valuable ally. An attorney can investigate the accident, collect evidence and negotiate with insurance companies. If you have suffered severe injuries, you might be facing a long road to recovery. An attorney can make a strong argument for the compensation you need to focus on your recovery.
What Are Some Common Causes of Failing To Yield?
The obvious answer is that the people who failed to yield deliberately chose not to stop or slow down. However, much more is often going on behind the wheel that contributes to these accidents.
Distracted Driving
One of the most common causes of failing to yield is distracted driving. Distracted driving is anything that takes your attention away from the road. Distracting tasks can include talking on the phone, texting, eating and drinking, and changing the radio station.
Impaired Driving
Another common cause of failing to yield accidents is impaired driving. Examples include driving under the influence of drugs or alcohol. It can also include driving while fatigued. In some cases, people become impaired while using legal or legitimately prescribed medicines. The court might still hold them partially accountable.
Reckless Driving
Reckless driving can include speeding, tailgating and weaving in and out of traffic. It is often the result of aggressive driving and road rage, but some people drive like this all the time. These people might deliberately speed through red lights or stop at a red light.
Brake Failure
When brakes fail, drivers may not stop in time to avoid an accident. In these cases, courts might hold the driver accountable if he or she did not complete routine maintenance. If they did do maintenance work, other parties could become liable, such as the mechanic or manufacturers of the brake parts.
What Are the Penalties for Failure To Yield?
The penalties for failure to yield vary by state. In some cases, drivers might only receive a ticket. However, if they cause an accident, they could face fines or jail time. Injured persons or the survivors of deceased victims can pursue a personal injury or wrongful death case, respectively. This could lead to thousands or even millions of dollars of compensation.
What Are the Potential Damages Available to Potential Victims?
If the court holds the other party responsible for the accident, you could receive compensation. How much you receive depends on the level of negligence and the severity of the injuries. Compensation generally falls into these categories.
Medical Bills
Bills include the cost of emergency care, hospitalization, surgery and rehabilitation. It also covers any future medical expenses you might incur. Sometimes, your attorney might wait for a precise diagnosis and recovery prognosis before pursuing a personal injury case.
Lost Wages
If you miss work because of your injuries, you might have the opportunity to recover your lost wages. Your attorney might consider the time you miss while in the hospital and while you recover. If you are unable to work in the future, you might receive compensation for your lost earning potential.
Pain and Suffering
It can be challenging to place a value on this type of compensation. Your attorney will use several factors to calculate this amount, including the severity of your injuries, age, and life expectancy.
Emotional Distress
This type of damage is similar to pain and suffering, but specifically for the emotional anguish that you experienced. Examples include anxiety, depression and post-traumatic stress disorder.
Punitive Damages
In some cases, you might also be able to receive punitive damages. These are damages intended to punish the other party for their negligence. You might receive punitive damages in cases where the other party showed a complete disregard for the safety of others.
Funeral and Burial Expenses
If you are pursuing a wrongful death case, you might recover funeral and burial expenses. You might also be able to recover the lost income of the deceased. In some cases, you might receive punitive damages if the death resulted from gross negligence.
How Can a Failure To Yield Accident Lawyer Help?
The aftermath of a car accident can quickly become overwhelming. From health care to insurance claims, the work can pile up quickly. An experienced attorney at Cellino Law can review your case and determine an appropriate course of action. Your attorney then handles the paperwork, phone calls and negotiations while you focus on recovering.
Are you ready to work with experienced personal injury attorneys with a strong record of success? Contact our team to schedule a free case review.