Accidents commonly happen when a driver does not yield the right of way to oncoming traffic. A driver who turns in front of oncoming traffic despite their responsibility to yield could be held liable for a subsequent collision with the help of a seasoned car accident attorney. A right of way is when a vehicle has the priority for traveling through a lane. For example, a driver who is merging onto an interstate must typically yield to the vehicles that are already traveling in the right lane.
Identifying fault can be complicated in failure to yield cases because who had priority in an intersection at the time of an accident is not always easily discernible. Many of these cases must consider the amount of time a person has to cross a lane, as well as the approaching vehicle’s speed. Fortunately, a diligent Jacksonville failure to yield accident lawyer will be familiar with cases that are not as straightforward as other types of incidents and could help you build a strong claim for damages against an at-fault driver.
Common Fact Patterns Surrounding Failure to Yield Accidents
Some common fact patterns surrounding failure to yield accidents in Jacksonville include waiting to turn left when an approaching vehicle is speeding. Additionally, distracted driving, which involves the use of a cellphone, eating, or putting on makeup, might lead someone to misjudge the time that they have to cross lanes.
Motorcyclists are commonly involved in these kinds of collisions. A driver who is turning left may have trouble discerning an approaching motorcyclist and subsequently cause a failure to yield crash. Drug or alcohol impairment can also stunt a person’s reaction time and cause an accident.
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The Role of Traffic Signals
Road signs are often present in failure to yield situations. A driver at an intersection who is trying to make a left turn must yield to oncoming traffic if the light is a steady green. Motor vehicle operators must also adhere to yield signs and other essential traffic signals. For help with reviewing what traffic signals may have been present at the scene of a collision, it is best to enlist the services of a dedicated Jacksonville failure to yield accident attorney.
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Establishing Liability in Failure to Yield Car Wreck Cases
Jacksonville courts are required by state law to use contributory negligence when determining liability for an accident. For this reason, insurance companies will allege that an injured claimant is partially responsible for their own losses to avoid reimbursing them. This legal theory generally makes it impossible for a plaintiff who is even one percent responsible for their accident to recover damages from an opposing party. Liability can be impacted if the approaching vehicle could have done something to avoid the wreck. If they fail to take an opportunity to evade the collision, that could affect whether an injured claimant is able to recover.
Asking Witnesses and Experts
Attorneys could determine who is at fault by interviewing any witnesses. An accident report completed by a police officer will likely list eyewitness to the crash who can offer valuable insight about the events which led to the incident. If a wreck is particularly severe, retaining an accident reconstructionist may be crucial for assigning liability. They can help explain what happened and show the points of impact between vehicles, how far into a turn the car was, and whether the yielding vehicle had almost completed their maneuver.
A diligent failure to yield accident lawyer in Jacksonville who is familiar with this scope of law could summon a human factor experts to help explain human behavior as it relates to motor vehicle wrecks. For instance, they could offer perspectives on how talking through a Bluetooth headset may have been a distraction that led to a collision. These specialists are responsible for identifying conditions which would have prevented or allowed either drive involved in a crash to avoid or mitigate it.
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Speak with a Jacksonville Failure to Yield Accident Attorney Today
Qualified legal counsel could take the lead on hiring an accident reconstructionist, getting out to the scene, taking measurements, and summoning human factors experts to strengthen your case. A Jacksonville failure to yield accident lawyer could help you explore potential legal avenues for recovering your losses. If you were injured in an accident because of another driver’s failure to yield, call today to learn more about your options.
Call (800)785-5000 or complete a Free Case Evaluation form