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A failure to yield accident lawyer can investigate the circumstances surrounding a failed yield by obtaining the police report, including the narrative provided by the police officer and the names of all witnesses. An attorney may also contact these witnesses to confirm what they have heard, or survey the accident scene for additional witnesses and secondary evidence. To build a solid case, an attorney will first investigate the case to establish liability and damages. If your case has merit, your failure to yield accident attorney can also file a lawsuit on your behalf and pursue compensation.
Defining negligence in a failure-to-yield accident case
When you are in a car accident, defining negligence in a failure to yield accident case can be a challenge. This type of accident is usually the result of the failure to yield a road and often results in serious injuries or wrongful death. In New York, a failure to yield accident can happen for a number of reasons, including a failing to yield when you see a flashing light, failing to yield while merging onto the highway, or entering a private driveway without yielding.
To properly determine negligence, the driver must have exercised ordinary care in driving. The plaintiff’s failure to yield at a red light was due to her negligence. She had enough time to turn around and yield, but still ran a red light. That driver was negligent, but did not exercise enough caution to avoid an accident. Likewise, the motorist who ran the red light was not. This negligence caused the crash.
Defining duty of care in a failure-to-yield accident case
A failure to yield car accident can result in a negligent driving lawsuit against the person responsible for the crash. In such a case, the victim must prove that the other driver breached their duty of care by failing to yield the right of way, which may result in the accident. Defining this duty means to do what an ordinary, prudent person would do under the same circumstances.
As with other personal injury cases, the duty of care in a failure to yield case involves determining whether the at-fault party owed the injured party a duty of care. In general, drivers owe a duty of care to other drivers, and their failure to yield to an oncoming vehicle can construed as a breach of that duty. Once a jury has determined that a driver owed the injured person a duty of care, they can proceed to pursue compensation for the damages they caused.
Defining compensation in a failure-to-yield accident case
Defining compensation in a failure-to-yield accident case involves proving that the other driver’s breach was the proximate cause of the crash. To prove fault, the other driver must have breached his or her duty of care, which can include failing to yield to a pedestrian. A failure to yield can also be a breach of this duty, and the injured party may be able to collect compensation for the loss of enjoyment of life.
When deciding whether to seek compensation in a failure-to-yield accident case, you should first determine who was at fault. Failure-to-yield accidents are often complicated cases because determining fault is difficult. Drivers often give conflicting accounts of what happened. In any case, failure-to-yield accidents can have a profound impact on liability. If you failed to yield to a pedestrian at a stop sign, you may be held liable for the accident.
Defining damages in a failure-to-yield accident case
If you have suffered a failure to yield accident, you may be wondering how to determine the amount of damages you can expect to receive. In these cases, a failure to yield accident lawyer will likely suggest punitive damages. Punitive damages are the monetary amount of damage that a driver can be held responsible for, besides paying the other party’s medical bills. Failure to yield accidents can cause serious injuries, such as a broken bone or cut, concussion, or traumatic brain injury. Some victims can even sustain back or spine injuries.
Although proving fault in a failure to yield accident case is difficult, it is crucial to collect evidence in order to prove that another driver was at fault. The responding officer will also write a report, often including witness statements and traffic citations. By collecting this evidence, a failure to yield attorney can prove the other party’s negligence and establish fault. An experienced failure to yield accident attorney can negotiate a settlement on your behalf, since insurance companies often settle for less than the true value of a claim.