A failure to yield car accident occurs when one vehicle moves when it is required to wait for others to pass. They can happen in any number of situations, but the resulting injuries can be severe.

If you believe you were struck by another car while you had the right-of-way, a Cicero failure-to-yield car accident lawyer might be able to help. A dedicated auto wreck attorney could investigate the crash, file your claim, and advocate for you in court in order to recover damages.

How is a Failure to Yield Accident Defined?

Although there are traffic control devices and signs directing drivers to behave in certain ways, it is not uncommon for someone to ignore the traffic signal. In doing so, that driver is disobeying the right-of-way. The right-of-way allows a person to proceed onto or through the road prior to other people who have arrived at the same time.

How Can Right-of-Way Disputes Complicate a Case?

There are many piece of evidence which may be applicable in a failure to yield case. With the prevalence of cameras and cell phones, there might be video evidence which can determine who was at fault. However, if there is no clear evidence that points to liability, it is common that these type of cases turn into one person’s word against another. Both drivers might claim to have had the right-of-way leading up to the collision.

When two people fundamentally disagree as to how an accident occurred, and there is no independent proof to the contrary, it is difficult to make any kind of recovery regardless of the severity of the injuries.

Anytime someone is in an accident such as this, it is important to consult with a local failure-to-yield vehicle crash lawyer. Not all lawyers have experience in this area of law. Because there are so many disputes in right-of-way cases, hiring a knowledgeable attorney as soon as possible is often beneficial.

Identifying Fault in a Crash

All drivers are governed by the rules of the road as laid out by the state, but in some scenarios, there are street signs which can impact who is found at fault in an accident. There is a specific yield sign which appears periodically on public roadways. When confronted with a yield sign, the driver has the responsibility to allow any other traffic to proceed before they move any further.

If there are independent witnesses or other people who can testify to the facts, they can often clarify the situation. However, not all automobile accidents happen in the presence of other people.

Place Where Yields Can Occur

Failure-to-yield accidents typically happen at intersections. Two cars will approach an intersection at approximately the same time, and the vehicles will strike each other because one of them does not yield. If there is a driver who had the right-of-way, then the other vehicle will be found at fault for failing to adhere to it.

Other common right-of-way accidents occur at merge roads. When two people are merging onto the road at the same time, one might ignore the rules or not be paying attention, causing them to collide.

How an Insurance Company Treats Liability

An insurance company treats failure to yield accidents similarly to all other automobile accidents. First, they must establish fault. If the accident is not the fault of the insured driver, there will be no recovery. It is important that a claimant speaks with a right-of-way car crash lawyer in the area who could figure out if the defendant bears any responsibility for the incident before taking a settlement meeting.

Second, an insurance company will investigate damages. Unless someone sustains injuries and receives medical treatment following an accident, it is unlikely that an insurance company would make any offer of settlement. They will investigate cases carefully in order to minimize the amount of claims they have to pay out.

Consult with a Cicero Failure-to-Yield Car Accident Attorney

Collisions involving the right-of-way are sometimes difficult to litigate without solid evidence that points to fault. Whether evidence is sparse or you are able to prove that another party should take the blame, it is wise to work with a Cicero failure-to-yield car accident lawyer. To learn how they could help, call now to receive a free consultation.