Both common sense and right-of-way laws should be followed on the road. Drivers are supposed to drive defensively and never assume that another driver will yield the right of way. Unfortunately, many motorists fail to yield the right of way, and they may drive negligently or aggressively, increasing the probability that they will get into a serious accident with either another motorist or a pedestrian. Failures to yield are a common cause of collisions. At The Law Office of Black & DePaoli, PC, our California car accident attorneys can help you pursue damages if you were hurt as a result of another driver’s failure to yield.
Assert Your Rights After a Failure to Yield Accident
Failure to yield accidents often happen at intersections when one driver fails to follow road rules and give way to another driver. Sometimes these are uncontrolled intersections. At other times, they are controlled intersections, but a driver runs a stop sign or red light and crashes into another driver or a pedestrian traveling through the intersection with the right of way. Sometimes cars entering or exiting a roundabout fail to slow down and yield to cars or pedestrians outside the roundabout. Similarly, sometimes drivers on a steep incline with insufficient room fail to remember that the vehicle facing downhill must yield the right of way by backing up until the vehicle driving uphill is able to pass.
If you are injured in an accident and had the right of way by law, you should contact the police to come to the scene. A police report may be used as evidence to establish a claim of negligence or negligence per se (negligence as a matter of law). A cause of action for negligence per se may be appropriate when the defendant violated a safety law, this was the direct cause of an accident, the injuries that resulted were of the type against which the safety law was designed to protect, and the victim is a member of a group that the safety law was designed to protect. Even if negligence per se does not apply, a police report indicating violations or aggressive driving by the defendant may be powerful evidence of negligence.
Sometimes accidents happen because both parties were negligent. California follows the rule of pure comparative negligence. This means that you may recover compensation even if you were partially or mostly to blame for the accident. However, your compensation will be reduced by your percentage of fault. For example, if the damages are $200,000, and you were 50% at fault, you still may recover $100,000 from an at-fault driver who failed to yield.
Contact a Folsom Car Accident Lawyer
After an accident, it is common for the insurance adjustor for the at-fault driver to contact the victim of the accident to try to obtain an admission of fault. The adjustor may express concern, but the purpose of the call is usually to reduce the at-fault driver’s liability so that the insurance company can protect its profits. Our principal, Travis G. Black, formerly worked in both law enforcement and the insurance industry, and he can bring his insights about these industries to your claim. It is crucial to consult a California car accident lawyer if you were injured in a failure to yield crash caused by someone else. We provide knowledgeable legal counsel from our Folsom office. For a free consultation with a Folsom car accident lawyer, call The Law Office of Black & DePaoli, PC at (916) 634-0729 or contact us online.