Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
When someone is on the road, they have a duty to yield to oncoming traffic, depending on the right of way or the presence of a yield sign. Failing to do so constitutes a failure to yield case according to Fremont law. Failure to yield accidents could have serious consequences for those who have been hit. If you have been injured in an accident despite having the right of way, consult a Fremont failure to yield accident lawyer. A skilled car accident attorney could devote the time and resources necessary to hold the at-fault driver responsible and help you secure the damages you deserve.
A right of way means that, under Fremont law, a driver has the legal right to continue on without having to yield to oncoming traffic. For example, if Car One is at a stop sign and Car Two is driving in front of them and does not have any traffic control device, then they have the right to drive. The vehicle at the traffic control device, whether it is a red light, a yellow light, a stop sign, or a yield sign, would have a duty to yield to oncoming traffic until they can safely enter the intersection. If the at-fault driver did not yield, a Fremont failure to yield lawyer could attempt to establish liability.
In a failure to yield situation, it is common that a traffic control device is involved. A typical example is that someone stops at a stop sign, looks both ways, and then proceeds into oncoming traffic. Another situation is when a vehicle enters the intersection on a green light and is about to make a left-hand turn. They have a duty to yield to oncoming traffic and, in that situation, they may claim that their vision was obscured and they did not see the oncoming traffic or that the other person’s light had turned red before they made the turn.
In a failure to yield case, assigning fault can be complicated because there will be issues of speed and other factors, such as a car coming into the intersection suddenly. Liability in a failure to yield case will involve questions of fact. The injured party and the defendant will have differing opinions of what happened. The court will have to look at the totality of the individual facts and the credibility of the witnesses in making a liability determination.
Insurance companies often look at failure to yield cases more closely than other kinds of cases. They will want to get recorded statements from their own insured, any independent witnesses and, often times, from the plaintiffs before they will make a liability determination. In those types of situations, it is even more important that the injured party should obtain an attorney. If it is a situation in which the other side will not accept liability or repair the car, the lawyer may give a recorded statement. Before doing so, a Fremont failure to yield accident lawyer could meet with the injured party, cross-examine them, and prepare them for all the questions that are forthcoming. Then, they may do a three-way phone call with the insurance company for a recorded statement. The goal is to try to solve the problem as quickly and easily as possible, and sometimes giving the recorded statement makes sense.
The typical ways for a Fremont failure to yield accident lawyer to investigate a failure to yield case are photos, obtaining witness statements, gathering testimony from a city or county engineer, obtaining light sequence charts, etc. By using the witness statements, photos, and the light sequence, attorneys can try to make the whole situation more understandable and believable.
It is often better to work with a law firm in Fremont than with a solo practitioner. A skilled law firm may have experience handling car accident cases and may be more familiar with these situations. They may also have knowledge of the strategies and techniques that insurance companies use. If you have been injured in a serious car accident, consult a capable car accident lawyer that could guide you through the process.
Charles E. Boyk Law Offices, LLC