Data from the Insurance Information Institute (III) shows that a failure to yield is a direct or contributory cause of thousands of motor vehicle accidents every year. Drivers must follow traffic control signals and signs—including yield signs—and a failure to do so may equate to negligence. If such negligence leads to an accident, the at-fault driver can be held liable for damages.
There are very specific rules regarding the types of damages you may seek in a personal injury lawsuit. If you suffered damages in a failure to yield accident, contact Gacovino, Lake & Associates, P.C. today. We can walk you through what you need to know about New York’s no-fault insurance laws, the damages you may have grounds for a lawsuit for, and how an Oakdale failure to yield accident lawyer can help.
Contact us at (631) 600-0000 for a free case evaluation.
How Failure to Yield Accidents Occur
There are comprehensive rules that outline who has the right of way at yield signs, stop signs, intersections without working traffic lights, and roundabouts. A failure to yield to a vehicle that has the right of way can lead to an accident. Road users—including vehicle operators, motorcyclists, bicyclists, and pedestrians—should familiarize themselves with these rules to avoid causing or being struck in an accident.
If someone struck you when you had the right of way, we refer to this as a failure to yield accident. Such accidents are common in the following scenarios.
Intersections and Left Turns
Confusion between who has the right of way at an intersection without lights or at an intersection with delayed left turn signals can lead to an accident.
Vehicles can take a right turn at an intersection after coming to a complete stop, but only if there are no signs preventing such a turn, there is no oncoming traffic, and the crosswalk is clear. Drivers can cause an accident by striking a pedestrian in the crosswalk or by taking a turn when oncoming vehicles are entering the intersection.
The Centers for Disease Control and Prevention (CDC) reports that in 2017, there was a new pedestrian fatality in the United States every 88 minutes. Vehicles must yield the right of way to bicyclists and pedestrians who are already in a crosswalk.
Traffic Control Device Accidents
You must stop at stop signs, red lights, and blinking red lights. You should also slow down at blinking yellow lights and follow applicable right-of-way rules at intersections or roadways where signs or signals are not present. It is not uncommon for drivers to misinterpret other drivers’ actions or incorrectly assume that they have the right of way when they do not. Such actions can lead to a failure to yield accident.
Vehicles in a roundabout have the right of way, meaning that drivers approaching a roundabout must yield the right-of-way before entering.
Other Types of Failure to Yield Collisions
Failure to yield accidents can also occur in parking lots, on private driveways, and on roads where lanes merge with or exit from the highway. Failure to yield accidents can even involve emergency vehicles, which typically have the exclusive right of way irrespective of the setting. A failure to recognize that emergency vehicles are approaching and clear the road so they can pass can lead to a collision.
For assistance with accidents that involve a failure to yield, do not hesitate to reach out to our firm. Call Contact Gacovino, Lake & Associates, P.C. at (631) 600-0000 for a free case evaluation and to learn more about how an Oakdale failure to yield accident lawyer may be able to assist you.
Damages, Losses, and Insurance
Failure to yield accidents can involve motorcyclists, bicyclists, pedestrians, other vehicles, and even property owners or operators. Common losses seen in such accidents include:
- Medical bills
- Property damage
- Vehicle damage
- Lost income
A failure to yield accident can also lead to higher insurance premiums, points on your license, revocation of driving privileges, fines, and even jail time, depending on the circumstances under which the accident occurred.
Motor vehicle accidents of every type can lead to serious bodily injuries, including:
- Head, neck, back, and spinal cord injuries
- Nerve, muscle, and bone damage
- Internal organ damage
- Disfigurement and scarring
New York requires no-fault insurance, meaning victims usually seek compensation for accident-related damages and losses from their insurer. However, if criminal negligence was involved in your accident or your damages can be classified as catastrophic, you may be able to sue the at-fault party for compensation.
Examples of catastrophic injuries include permanent loss of a limb or a body function and permanent scarring or disfigurement. A rule that is sometimes referred to as the 90-180 rule can help to determine the severity of accident-related injuries. According to this rule, an injury can be classified as catastrophic if it leads to significant impairment or an inability to perform basic tasks for at least 90 days during the 180 days immediately after an accident.
Get Help from an Oakdale Failure to Yield Accident Lawyer
To sue for damages, you must obtain evidence, prove the extent of your losses and injuries, and demonstrate how a driver violated their duty of care by failing to yield and causing your collision. This can be difficult to do, especially if you sustained injuries in the accident.
The statute of limitations in New York gives you three years to bring forth a suit for damages. A failure to file a lawsuit within this time can cause you to forfeit your right to seek compensation.
It takes time to investigate, gather evidence, and build a case, so do not hesitate to contact Gacovino, Lake & Associates, P.C. today for assistance. You can reach our team at (631) 600-0000. Call today for a free evaluation.