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Failure to yield accidents typically occur when a driver fails to properly stop at an intersection, obey a traffic sign, or yield to pedestrians crossing the street. While many see failing to yield as a minor traffic violation, this seemingly small action could result in a serious accident with another vehicle or pedestrian.
If you were injured because another driver failed to yield, it may be beneficial to contact a Chesterton failure-to-yield lawyer. While failing to yield is a serious matter that could result in potentially life-threatening injuries, a compassionate personal injury attorney could take the lead on pursuing compensation from insurance companies and at-fault drivers, so you can focus on healing physically.
Typically, all drivers bear a duty to follow traffic laws and pay close attention to others on the road while driving. More specifically, Indiana law mandates that drivers yield to emergency vehicles, pedestrians, and other drivers at intersections when turning and when entering highways.
When a driver fails to yield and subsequently causes an accident, a failure-to-yield attorney in Chesterton may be able to hold them liable for any injuries that occur. By demonstrating that a driver has failed to abide by the traffic laws, an injured person could claim that the driver engaged in negligent behavior.
Chesterton uses a modified comparative negligence system when determining liability for failure to yield claims. Under this system, plaintiffs seeking compensation must demonstrate the other driver was directly responsible, or negligent, for the accident and their resulting injuries.
To show negligence and prove legal liability, the plaintiff must specifically demonstrate that the driver owed them a duty of care, breached that duty of care, and caused an accident and the plaintiff’s injury as a direct result. Once an accident plaintiff or their Chesterton failure-to-yield lawyer demonstrates this successfully, the court could move forward with a ruling on liability and deciding potential compensation for the failure-to-yield case. This may be applicable to rear-end accidents, front-end accidents, or any other personal injury.
Under the rule of modified comparative fault, a defendant driver in Chesterton could claim they do not bear sole responsibility for an accident. If a jury is convinced that an injured person carries more than 50 percent fault for an accident and the resulting injuries, they would typically be unable to recover compensation for their injuries.
If an injured person is found to hold some fault themselves, their compensation may be reduced by their percentage of fault or could be negated entirely if they bear 51 percent or more of the total fault. Those who face claims of shared liability may wish to have a failure-to-yield attorney in Chesterton help collect evidence of injuries to support a claim.
If you suffered injury because another driver failed to yield, speaking with a Chesterton failure-to-yield lawyer may be beneficial. A qualified attorney could utilize their knowledge of the local court system and experience to fight for your rights and help you quantify the level of damage you have sustained in an accident. Call today to schedule an initial consultation and begin working towards a favorable resolution to your case.