Practice Areas Car Accidents Failure To Yield Accidents

Dedicated Motor Vehicle Collision Lawyers Assisting Boca Raton Residents

Car accidents in which a driver fails to yield to others, whether this is a pedestrian, a cyclist, or another driver, can lead to serious injuries. In many cases, distracted or aggressive driving is the root cause of a failure to yield collision. One particularly dangerous aspect of these crashes is that they often occur at intersections, causing broadside damage to vehicles and grave injuries. The Boca Raton car accident lawyers at The Grife Law Firm represent victims of failure to yield accidents. Following a crash, it can be overwhelming to face mounting medical bills, missed wages from work, and the emotional distress that accompanies an accident. However, you have legal rights and options for pursuing damages. It is our goal to provide prompt and effective legal service to clients throughout South Florida.

Hold a Driver Accountable for a Failure to Yield Collision

Failure to yield accidents are common when a driver turns left before oncoming traffic or fails to yield at a flashing red light. Some failure to yield collisions occur near driveways or crosswalks, leaving pedestrians and others at risk of serious harm. Unfortunately, at-fault drivers may operate their vehicles as though they always have the right of way.

Florida Statutes section 316.123 makes clear that drivers are expected to yield to other vehicles in an intersection after they initially stop at a stop sign or clearly marked line. Additionally, the law makes clear that at four-way stops, drivers on the left must yield to vehicles on the right. Drivers are also required to yield to a reasonable speed when approaching a yield sign, slow or stop, and then yield the right of way to vehicles in the intersection or approaching it.

As an injured victim of a failure to yield accident, you may file a personal injury claim against the responsible party to recover monetary damages for your harm. When permanent injuries have resulted from a failure to yield accident, as defined by Florida Statutes section 627.737(2), the victim may pursue the at-fault driver to recover compensation, particularly for non-economic damages such as emotional suffering. Permanent injuries, according to the law, include the loss of an important bodily function, as well as significant scarring and disfigurement.

Proving Fault

A moving violation for a failure to yield may be seen as evidence of negligence. Negligence is the legal basis for a personal injury claim and rests upon the theory that the at-fault driver did not operate their vehicle in a reasonable manner, as others would under similar circumstances. Florida Statutes sections 316.123 (3) and (4) state that when a driver does not stop at a yield sign and is involved in a collision with a pedestrian or a vehicle, this collision is prima facie evidence of the driver’s failure to yield. Florida drivers are required to demonstrate the same reasonable care that others would use, and non-compliance with the law is likely to be seen as negligent conduct.

In a situation in which a driver has failed to yield but has not been cited for this infraction, the victim’s attorney may still present strong evidence showing this negligent conduct. For example, witnesses may have seen the driver speed down a driveway without slowing to look for pedestrians. Since all drivers owe others a duty of reasonable care, a breached duty of care that directly causes an accident exposes the driver to liability.

After establishing legal fault for a failure to yield accident, the victim will set forth evidence of damages. Damages are meant to place the victim in the position in which they would be had the accident not occurred. Property damage, medical bills, and lost wages from work may be recovered from the at-fault party. Additionally, the victim may set forth a showing of their pain and suffering following the accident, including their decreased quality of life. In some cases, vocational experts may be helpful to show that the victim cannot return to their former occupation and must instead receive training for a new position.