Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Under Ohio law, a driver has a duty to yield to traffic that has the right of way. When a driver is at a stop sign, they have a duty to look both ways and not enter into traffic until they can do so in a safe manner. The same thing is true at a yield sign or when there are no traffic devices. When the other driver has the right of way, the individual has a duty to yield to them.
For example, if an individual is at a stop sign and sees a vehicle down the road or notices they are speeding, an argument could be made that the person has actual knowledge that the vehicle is driving too fast. The individual could be contributorily negligent for entering the intersection because they had knowledge that they could not safely make it across the intersection.
Failure to yield accidents can be very serious in Toledo. If you have suffered injuries following an accident, contact a Toledo failure to yield accident lawyer. A skilled car accident attorney can help you pursue compensation for the suffering following the negligent actions of another.
A failure to yield accident can occur where there is a stop sign or a yield situation on a country road and one driver is at the stop sign who thinks they can safely cross traffic. There are often stop signs or yield signs in these situations a stop sign. There might be a flashing yellow light, or a flashing red light.
When trying to identify fault in failure to yield cases, arguments are made about speed and distance. The authorities can argue that the person that was hit was going too fast under the circumstances or they argue about the distance of the vehicle. The person at the stop sign may argue that the individual was 100 yards away. The question is whether it is reasonable that the individual could safely cross the intersection. Usually, speed and distance are the big issues in failure to yield accident claims in Toledo.
Liability comes down to the credibility of the witnesses, physical evidence, photos, skid marks, and videos.
Insurance companies treat failure to yield accidents by trying to argue comparative negligence. They try to assess a percentage of comparative negligence against the client. The insurance company adjusters have a duty to trust what their clients tell them.
Often, people do not want to admit they made mistakes, especially to their insurance company because they are afraid that their insurance rates are going to increase. Frequently there are totally different stories from what the individual told the police officer or what the witnesses say and what the individual tells their insurance company. A Toledo failure to yield attorney can assist in communicating effectively with the insurance company.
A failure to yield accident lawyer in Toledo can help investigate failure to yield cases to identify who is at fault by assessing photos, property damage, accident reconstruction, witness statements, and videos.
A person looking for representation in a failure to yield accident case should consider how much time, how much staff, and how much experience their attorney has versus another in handling the case. The person is best represented by a skilled Toledo attorney who will go out to accident scenes and talk to witnesses or, if necessary, get a private investigator involved. They want more resources and experience to get the best result for their case, and they can be assured that experience with a compassionate Toledo failure to yield accident lawyer.
Charles E. Boyk Law Offices, LLC