Drivers do not own the road, although some behave as if they did. Instead, they are obligated to follow rules that protect everyone. Yielding to drivers and others when they have the right of way is one of those rules. Not doing this, when required by state laws about proper driving practices, can result in an accident. The driver who disregards the rule is usually held liable in the accident. Let’s look at failure to yield accidents, when and how they happen and the types of accidents that result.
Los Angeles Failure to Yield Truck Crash Lawyer
Los Angeles truck accident injury attorney David Azizi’s success rate, winning 98 percent of his cases, is an indication of his experience and commitment to the law. Beyond that, David cares about his clients and the effect the accident has on them both physically and financially. To schedule a free, no-obligation case review, call David at (800) 991-5292. You can also reach him online. David will be able to evaluate your case, tell you what steps are necessary going forward and give you an estimate of what your case is worth.
Yielding the Right of Way
Yielding the right of way is a hallmark of safe driving practices. Every day, we see drivers who take over the intersection by pulling out into traffic or speeding up at inappropriate times. Usually, this causes other drivers to hit their brakes to avoid an accident, causing others to hit them. It is not unusual to find that a driver who fails to yield causes multivehicle crashes. A failure to yield accident does not inflict harm only on other vehicles. Reckless drivers who fail to yield also hit pedestrians and cyclists who have the right of way. Traffic laws in all states address the responsibility of yielding to others who have the right of way.
When Do Drivers Need to Yield the Right of Way?
Drivers need to yield the right of way in the following instances:
- When they approach a yield sign
- To a pedestrian in a crosswalk
- In an intersection without traffic lights
- To any pedestrian who is visually impaired and using a cane or a guide dog
- Anytime the driver turns left in front of oncoming traffic
- When returning to the roadway
Failure to Yield Infractions
Some of the more common failure to yield accidents are:
- Failure to yield the right of way at an intersection: This infraction is one where a driver fails to yield to another vehicle in the intersection.
- Uncontrolled intersection: Not yielding the right of way at an intersection that has four-way stop signs but lacks traffic signals can lead to serious accidents. It can also involve intersection lights that are not operative or an intersection where four roads intersect but lack stop signs or traffic signs. The law states that the driver who arrives at the stop sign first has the right of way. However, if two vehicles arrive simultaneously, the driver on the right has the right of way. If one vehicle is already in the intersection, drivers must yield to the vehicle.
- Three-way intersection: In this category, two roads are crossing one another with a third road that terminates. There may or may not be stop signs or traffic signals. It is the responsibility of the vehicle in the terminating road to yield to vehicles that are already in the intersection or approaching it.
- Failure to yield – left turn: When a driver is attempting to turn left, he or she needs to yield to all other vehicles crossing from the opposite direction if they are close enough to pose a hazard. This responsibility to yield continues until there are no approaching vehicles. If the driver makes the turn when a hazardous situation exists, he or she can be considered to be responsible if an accident occurs.
- Failing to yield at traffic signals or stop signs: Some drivers make a turn despite oncoming traffic. This happens because the driver is unable to discern the distance the approaching vehicle must navigate before their vehicle will hit them. Often, this inability is due to drunkenness or inexperience. It can also be due to the offending driver’s reckless driving pattern.
- Failing to yield to pedestrians: Pedestrians have the right of way when they are in a crosswalk. Ultimately, a pedestrian always has the right of way if they are already in the street. In this sense, a crosswalk exists, whether it is marked or not. In a marked, traffic-controlled crosswalk, a pedestrian should not leave the curb unless the traffic sign signals that they are permitted to go.
- Speeding through a crosswalk: Many drivers speed through crosswalks. This is a particularly dangerous thing to do since stopping in time to avert an accident is less likely. Studies have been done that show the likelihood of a pedestrian dying when the vehicle is going 40 mph is about 85 percent as opposed to less than 10 percent when the vehicle is traveling at 15 mph.
Lawsuits with a Los Angeles Trucker Negligence Law Firm
Your attorney must prove that the other driver was at fault for the accident. One way of doing this is to show that you stopped appropriately and crossed the intersection. Videotapes found at local businesses are an excellent way of doing this. If traffic signals are present, the city may have CC/TV cameras on the poles. A third way your attorney can help is by talking to witnesses who would be able to verify that you obeyed the law and the other driver did not. A diagram or picture of the intersection where the accident happened would also be helpful.
Your attorney will use such evidence to build a strong case against the defendant. If negotiations with the insurer are not fruitful, your lawyer will take the case to civil court to make sure you receive the compensation you deserve.
Free Case Review with The Law Offices of David Azizi
If you are injured or a loved one is killed in a failure to yield accident, call David at (800) 991-5292 to recover the financial damages you lost in the accident. Don’t wait too long since evidence and witnesses may be lost with time. Super Lawyers calls David one of the top personal injury lawyers in the city. Call or contact him online, and you will understand why this honor is given David year after year.
