The rules of the road require that some vehicles yield to others. Failure to yield the right of way can result in that person being considered negligent in the event of a car crash. If another motorist failed to yield the right-of-way to you and struck you as a result, talk to a Cook County failure-to-yield collision lawyer.
There are several common fact patterns in failure-to-yield cases. When two lanes merge into one, it requires a vehicle to yield the right of way. Failure to yield the right-of-way while merging can result in an accident and a finding of negligence. It is also a legal requirement to yield to emergency vehicles. If there is an ambulance, police car, or fire truck responding to an emergency, passenger vehicles must yield the right of way so they can pass.
Another less common scenario involves funeral processions. Even though the traffic control signals may indicate it is safe to proceed, the law still requires vehicles to yield the right of way to a funeral procession.
Finally, failure to yield the right of way occurs frequently at uncontrolled traffic intersections. The vehicle to the right has the right of way under the law.
Failure to yield cases can be difficult to prove, since it is often the word of one driver against the word of another. In order to make a recovery, they must prove that the other driver was more at fault in the accident by failing to yield the right of way. Unless there is a witness, an admission by one of the drivers, or video of the accident, identifying fault in a failure to yield case can be difficult.
Anytime there is a crash and injuries occur, a lawyer must first prove liability in order to make their recovery. Failure to yield cases are often contested based on differing versions of the accident by both drivers. If they cannot prove liability on the other driver, then there will be no settlement. A failure-to-yield collision lawyer in Cook County has the knowledge to determine and prove fault.
A failure to yield the right of way accident may occur with or without roadside signs. If there is a road sign or traffic light, then that will dictate which vehicle has the right of way. But there are other situations where road signs are not present. All vehicles must exercise reasonable care while driving, whether there is a road sign or not.
An insurance company will first take a statement from the driver. If the driver is honest and admits that it was their fault, then the insurance company will likely pay a settlement. If the insured denies responsibility for the accident, and instead blames the other person, other evidence is important in order to prove the case.
In addition to the statement of the driver in a failure to yield case, an insurance company will also review the police report. Although the police officer is likely not a witness, the description in the police report is strong evidence in a failure to yield case. A Cook County lawyer who handles failure to yield accidents knows how to acquire a copy of the police report.
Finally, an insurance company may conduct their own investigation in order to protect their best interests and minimize any payout for a settlement.
Because these types of cases are frequently contested, it is important to work with a Cook County failure-to-yield collision lawyer promptly after a failure the crash. They are in the best position to investigate the facts of the accident in order to establish liability. Call us now.