In a failure to yield accident, the injured party could be a driver, a passenger, a bicyclist, or a pedestrian. Whether the driver who failed to yield was a stranger in another vehicle or a friend in whose vehicle you were riding, you may have a claim for damages against the negligent driver.

When you have sustained serious injuries due to a failure to yield, you should not hesitate to explore the possibility of a personal injury lawsuit, even if the allegedly negligent driver is a close friend or family member. All drivers must maintain motor vehicle liability insurance under the law, which enables injured individuals who make claims against those insurance policies to recover compensation for various damages and losses.

An Orland Park failure to yield accident lawyer may be able to assist you in determining whether you have a legally valid claim when you suffer injuries in this type of accident. If you are in this situation, you may wish to get advice from a qualified attorney before disregarding a potential claim for damages.

Causes of Failure to Yield Accidents

Failure to yield accidents occur when a driver fails to yield or give way to another vehicle or party who has the right of way. A crash is a likely result when drivers fail to yield to any of the following:

  • Oncoming traffic when turning
  • Pedestrians or bicyclists who have the right of way
  • Emergency vehicles, such as ambulances, fire trucks, and police cars
  • Traffic when pulling out of a driveway, alleyway, or side street
  • Vehicles traveling on a highway or freeway while merging

The rules of the road in Illinois are very clear about which driver or party has the right of way in different situations. When drivers fail to follow the rules by failing to yield as required, an Orland Park failure to yield accident attorney could hold them liable for injuries resulting from any accidents that they cause.

Liability and Comparative Negligence in Failure to Yield Claims

In some cases, it might not be immediately apparent which driver or party had the right of way, and therefore who committed the failure to yield violation. An insurance company may advise injured parties that since both parties seem to be somewhat at fault, accepting a small settlement would the best way to handle the matter.

However, injured parties who accept that small settlement give up their right to pursue personal injury claims related to the accident and may be receiving a far small amount of damages that they otherwise might receive. In this situation, a skilled Orland Park failure to yield accident lawyer may be able to gather evidence in the form of police reports, surveillance footage from nearby stores, and witness testimony to support a personal injury claim.

This evidence can help allocate fault between parties to an accident, which can be key to maintaining a successful personal injury claim. Additionally, under 735 ILCS §5/2-1116, even plaintiffs who bear some degree of fault for the accident that led to their injuries may be able to seek compensation for their losses from other potentially liable parties.

As long as the plaintiff is not more than 50 percent responsible for causing their accident, they can still file suit against other responsible parties. However, the amount of potential damages that plaintiff could receive would decrease proportionately to their amount of fault for the accident.

Speak with an Orland Park Failure to Yield Accident Attorney Today

When you have sustained serious injuries in any type of motor vehicle accident, you may have high-cost medical bills, an inability to work, and a lengthy period of rehabilitation ahead of you. Getting compensation for your losses can assist with your financial recovery, while you concentrate your efforts on your physical and mental recovery.

An Orland Park failure to yield accident lawyer may be able to help you pursue the financial compensation that you need. You should avoid any delays in seeking assistance from an attorney, though, because there are strict deadlines within which you must file any claims for compensation. To avoid missing these deadlines, call today to schedule an initial consultation.