Syracuse, New York, Failure To Yield Car Accidents

Jed Dietrich, Esq., Recognized as a Super Lawyer, is Committed to Protecting the Rights of Car Crash Victims Across Syracuse and Onondaga County. Since Our Founding in 2005, Jed Dietrich, Esq., Has Helped Our Clients Secure More Than $250 Million in Damages. We Could Help You, too. Our Experienced Team of Attorneys Could Help File a Personal Injury Lawsuit and Make a Compelling Claim for Recovery.

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Even the most experienced drivers have no choice but to put their faith in other motorists.

Training and experience, for instance, can both significantly reduce the likelihood of being involved in an accident. However, drivers can only stay safe when they abide by the rules of the road. These rules can sometimes pose an inconvenience in heavy traffic or on the way to work, but are meant to preserve drivers’ right-of-way and protect their physical well-being.

If and when drivers fail to respect other motorists’ rights-of-way, they risk much more than a misunderstanding. According to some studies, right-of-way-related incidents, including failure to yield at an intersection, traffic control device, or pedestrian crosswalk, are a leading cause of collisions nationwide.

The Dietrich Law Firm P.C. believes that nobody should be forced to pay the price for another driver’s misconduct. Since our founding in 2005, we have helped our clients in Syracuse and across the region obtain more than $250 million in compensation money that they have used to eradicate their medical debt, replace lost income from work, and begin the difficult task of rebuilding their lives after an accident. We could help you, too. Please send us a message online or call us at 1-866-529-5334 to speak to a failure to yield car accident lawyer near Syracuse and schedule your 100% free, no-obligation consultation.

An Overview Of Failure To Yield Car Accidents

In New York State, failure-to-yield-type accidents have been found to account for the following:

1. About 6% of all fatal and incapacitating collisions involving teenage motorists; and
2. An estimated 3% of all fatal and incapacitating collisions involved motorists ages 25-49.

Although these figures may seem low, data from the New York State Department of Health suggests that failure to yield collisions cause thousands of car accident-related emergency room visits and hospitalizations, as well as dozens of preventable deaths.

The severity of failure-to-yield type crashes is often dependent on a combination of risk factors, including but not limited to the following:

1. The speed of each motor vehicle;
2. The angle of impact; and
3. The efficacy of evasive action taken by the at-fault driver or the victim.

High speeds, head-on collisions, and side-angle crashes are typically associated with a greater risk of serious injury. However, some victims are inherently more vulnerable than others. Pedestrians, cyclists, and motorcyclists are all much more likely to sustain serious and potentially life-altering injuries in failure-to-yield accidents, even those that occur at low speeds, than the drivers and occupants of large consumer vehicles.

Every crash may differ in its causes, characteristics, and outcome, but survivors often face real challenges on their road to recovery. Failure-to-yield accidents, by definition, almost always involve some measure of negligence. In many cases, victims who have suffered serious physical injuries or profound economic losses have a legal right to file a claim for compensation against the person or party who caused their collision.

The Dietrich Law Firm P.C. has spent decades helping car crash survivors fight for their right to a fair recovery. A recognized U.S. News & World Report Best Law Firm, our experienced team of attorneys knows what it takes to overcome even the most vigorous defense, and we have the results to prove it. Please send us a message online or call us at 1-866-529-5334 to speak to a failure to yield car accident lawyer near Syracuse and schedule your free consultation as soon as possible.

Right-Of-Way And Failure To Yield Laws In New York State

The New York Vehicle and Traffic Law, or New York VTL, defines the Empire State’s official “rules of the road.” Different sections of the Vehicle and Traffic Law detail right-of-way expectations and dictate when motorists must yield to other drivers, pedestrians, and cyclists.

These sections include, but are not limited to, the following:

1. New York VTL §1140: Any driver approaching an intersection must yield the right-of-way to a vehicle that is entering, or has already entered, the intersection from another roadway.
2. New York VTL §1141: Any driver intending to turn left at an intersection is required to yield to oncoming traffic.
3. New York VTL §1142: Motorists must adhere to any yield signs or stop signs present at an intersection and should not enter the intersection until it is reasonably safe to do so.
4. New York VTL §1142(b): Drivers must yield the right-of-way to pedestrians crossing the road, irrespective of whether the pedestrian is in a crosswalk.
5. New York VTL §1143: Drivers attempting to enter a roadway from any other position—such as a driveway, or an alleyway—must yield the right-of-way to vehicles already transiting the roadway.
6. New York VTL §1145: Motorists approaching a rotary, or traffic circle, must yield the right-of-way to any vehicle already present within the rotary.
7. New York VTL §1146: Drivers are always required to exercise “due care” to avoid colliding with bicyclists, pedestrians, and domestic animals in the roadway. If a collision seems imminent, then motorists must “give warning” by using their horn.
8. New York VTL §1151: Motorists must yield to pedestrians within a crosswalk, even if there is no traffic sign or signal indicating the crosswalk.
9. New York VTL §1151(a): Drivers must yield to pedestrians on sidewalks adjacent to buildings, private roads, and driveways.

If a driver violates any of these laws, they could be found liable for the cost of any resulting accident.

Anticipating Common Defenses In A Failure To Yield Car Crash Claim

New York is a no-fault state, which means that most car accident victims must file a claim through their own insurance company before exploring other options for recompense.

However, the Empire State’s General Assembly has long since recognized that no-fault claims have obvious limitations. Most policies, for instance, do not cover medical expenses past a certain point. Insurers are also not required to replace lost income from work if it exceeds a set value and may, in some cases, be legally prohibited from repaying wages if a victim’s injuries result in diminished earning potential or curtail eventual re-employment.

If a failure to yield accident victim’s injuries are serious, and cause damages expected to exceed the limits of their insurance policy, they must typically file a personal injury lawsuit to make up the difference. However, litigation presents a real financial risk for car insurance companies and negligent drivers. These risks provide a strong incentive to minimize their own losses, even if it means undercutting a survivor’s request for reasonable compensation.

During settlement negotiations and at trial, insurance companies and defense attorneys often employ tactics including, but not limited to, the following:

1. Pressuring car accident victims into providing a recorded statement, in which any discrepancy could be interpreted as an admission of fault;
2. Offering a fast and easy settlement, which could cover immediate medical costs and property damage, but overlooks other losses;
3. Asking for access to a survivor’s medical records, and then attributing accident-related injuries to pre-existing health conditions;
4. Insisting that a victim’s own negligence caused or contributed to the accident, and asking the court to reduce the victim’s damages proportionate to any finding of shared fault; and
5. Stalling settlement negotiations by refusing phone calls, repeatedly contesting evidence, and requiring seemingly endless documentation of damages.

If you, or a loved one, have been injured in a Syracuse car crash that was not your fault, it may feel like the odds are stacked against you. However, you do not have to accept excuses and unfounded accusations in place of a fair settlement. The Dietrich Law Firm P.C. could help you protect your right to recovery, taking the lead in tough negotiations and ensuring that any eventual settlement or court-ordered award reflects the severity of your injuries.

Please call Jed Dietrich, Esq. at 1-866-529-5334 today to speak to an attorney, schedule your free consultation, and find out how much your case could be worth.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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