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.
When Do Failure-to-Yield Accidents Happen?
Failure-to-yield 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 Should You Do After a Failure-to-Yield Accident?
After a failure-to-yield accident, you should 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.
How Do You Show That a Driver Failed to Yield?
Evidence that can help show that a driver failed to yield may include:
- 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.
- Witness Information: If there are any witnesses, ask for their names and contact information. An independent account of the events can be powerful evidence.
- Your Own Account: Write down everything you remember about how the accident occurred, including the time of day, location, and your direction of travel.
- 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.
What Is the Process of Proving Legal Liability?
To prove a driver was legally liable, you must establish a “negligence” claim, which includes these 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.
What Legal Defenses Might the Other Driver Raise?
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.
What Happens if Both Drivers Share Fault?
If both drivers were partially at fault, most states follow a “comparative negligence” approach:
- 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.
What Compensation Can You Get for a Failure-to-Yield Accident?
Compensation for a failure-to-yield accident may 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.