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Failure to Yield Accidents

Car accidents, bicycle accidents, and pedestrian accidents are caused by many factors. One of the most common causes is a drivers’ failure to yield to other driver, pedestrians, or bicyclists. Although there is law regarding the right of way, many drivers believe they always have the right away. This assumption results in devastating accidents that cause serious injuries and death. These accidents clearly result in substantial medical expenses, lost wages, and pain and suffering. The experienced attorneys at Slatter Law Firm will aggressively fight to recover the maximum compensation for your injuries.

A failure to yield accident occurs when a driver fails to give the right of way to the appropriate motorist, bicyclist, or pedestrian. Examples include failing to yield to oncoming traffic for a left turn; when merging onto a freeway; when merging onto the street from a parking lot or private driveway; when there is a flashing yellow or red traffic light; and when there is a pedestrian in the crosswalk. These accidents are caused by many different factors. Below are the most common factors for these accidents.

  1. Distracted drivers- Drivers distracted by cell phone use, grooming, adjusting air conditioning or entertainment systems are one of the most common causes of these accidents. These distractions cause drivers to ignore signs and/or pedestrians, motorists, and bicyclists, causing serious accidents.
  2. Intoxicated drivers- Alcohol and drugs impair reaction time, motor skills, vision, and attention time while driving. This impairment often results if a failure to yield accident.
  3. Mechanical defects- Automobile defect is one of the most common causes for these accidents. For example, defective or fault brakes can cause a car to fail to yield. The motorist is ultimately responsible for properly maintaining his or her vehicle to prevent harm to others on the road.
  4. Young or Inexperienced drivers- Young and inexperienced drivers are the most likely to be involved in these accidents. Their youth or inexperience often results in their unawareness of the driving rules, which may lead to their confusion while approaching intersections or merging onto streets or highways.

California has many laws regarding the right of way. For example, pedestrians always have the right of the way in crosswalks, regardless of whether there is a traffic light. As such, drivers must yield to pedestrians while they are walking in a crosswalk. Drivers must even yield to pedestrians who are jaywalking. Additionally, the motorist who arrives at an uncontrolled or unsignalized intersection has the right of way. As such, the later arriving vehicle must yield to the other vehicle. However, if both vehicles arrive at the same time, the vehicle on the right has the right of way. For mountain roads, the car driving uphill has the right of way. The car driving downhill may be required to reverse to give room to the uphill vehicle.

Failure to yield accidents are governed by the laws of negligence. Motorists must drive with caution and always be aware of their surrounding so as to prevent harm to other motorists, bicyclists, and pedestrians. If they fail to do so, they may be at-fault for your injuries. In order to prove the other driver negligently failed to yield in your accident, your accident attorney must establish the following:

  1. The at-fault person had a duty of care while operating an automobile;
  2. The at-fault person breached their duty of care by failing to yield; and
  3. The failure to yield caused your injuries.

Additionally, you may bring claim for negligence per se if the at-fault driver violated the laws regarding right of way. In order to recover maximum compensation for your injuries, you should hire an experienced accident attorney.

Contact Us Today

Contact a Los Angeles personal injury attorney today if you or a loved one suffered an injury caused by failure to yield. Slatter Law Firm has been helping individuals injured due to car accidents throughout Los Angeles and Southern California for over four decades. To schedule a free consultation, call our office at (310) 444-3010 or contact us online.