Failure to Yield Accident
Many drivers operate as if they always have the right-of-way. In reality, this assumption can lead to danger for all parties and can leave the driver at fault and liable for resulting accidents if they fail to yield the right-of-way.
Accidents resulting from a failure to yield the right-of-way case are some of the most dangerous and fatal. The Insurance Information Institute states that failure to yield the right-of-way resulted in 3,659, exactly 7%, of all fatal car accidents in the United States in 2016.
Jed Dietrich, Esq. and his superb team of Buffalo, New York injury lawyers will fight relentlessly to obtain the best result for you after your failure to yield accident.
In 2003, a 37-year-old man suffered a back injury after a woman exiting a parking lot failed to yield the right-of-way and struck his vehicle. He required spinal fusion surgery, which prevented him from working for eight months. Jed Dietrich, Esq. secured a $2,200,000 settlement to compensate the man for his injuries, the surgery he required, his lost wages and his future pain and suffering.
In 2004, Jed Dietrich, Esq. fought to obtain $1,000,000 for a 33-year-old man to compensate him for his neck pain, which required two surgeries, and permanent physical limitations resulting from an accident in which the defendant failed to yield the right-of- way.
When a 50-year-old man sustained a back injury after a car failed to yield the right-of-way, while making an abrupt left turn, and crashed into his vehicle, Jed Dietrich, Esq. recovered $990,000 to compensate the man for past and future medical expenses, for his past and future lost earnings and for his past and future pain and suffering.
If you, or a loved one, have been involved in a failure to yield the right-of-way personal injury accident, you want the most experienced personal injury lawyer. Jed Dietrich, Esq. and his team of aggressive, tenacious and hardworking personal injury attorneys are some of the most experienced personal injury attorneys and are ready to fight for you! Jed Dietrich, Esq. and his team of Buffalo, New York personal injury lawyers have settled $175,000,000.00 on behalf of their clients. Call us for a free consultation at 716-839-3939 today.
A failure to yield the right of way accident is caused by a driver’s failure to give the right-of-way to the appropriate vehicle or other user of the road, resulting in an accident. These accidents happen in various situations such as:
- When there is a flashing yellow or red light;
- When a driver fails to yield to oncoming traffic during a left turn;
- When merging on a highway;
- When entering the street from a private driveway or parking lot; and
- When a driver fails to yield to a pedestrian currently in a crosswalk.
In any of these scenarios, every driver must exercise due care to avoid a collision with a pedestrian, bicyclist or domestic animal, as stated in Section 1146 of the New York Vehicle and Traffic Law. If necessary, drivers shall give warning by sounding their horn. Accidents that result in injury are punishable by a fine and/or imprisonment. A violation of this section by an individual previously convicted for violations of the same section constitutes a Class B misdemeanor.
Article 26 of the New York Vehicle and Traffic Law outlines all possible scenarios regarding the right-of-way and what is the legal course of action to take in each.
Call a Best Law Firm of America, the Dietrich Law Firm P.C., at 716-839-3939 to contact superb and top rated car accident injury attorneys in Buffalo, New York who are determined to fight for the best results for you.
In order to hold someone liable for failure to yield the right-of-way car accident injuries, you must prove that they were negligent.
Jed Dietrich, Esq. can prove negligence by showing that all four of these aspects were present in the case:
- Duty - The driver (defendant) had a legal duty to you or your loved one to exercise due care while operating the vehicle;
- Breach of Duty - The defendant breached the duty by acting or not acting in a certain way (failing to yield);
- Causation - These actions or non-actions caused the plaintiff’s injuries; and
- Damages - There were damages in the form of physical injury to the victim because of said actions or failure to act.
Many drivers involved in a failure to yield the right-of-way accident fear being unjustly blamed for the incident. This is a legitimate concern, as the drivers in these cases often encroach on your lane, so your vehicle would technically be hitting theirs. This does not make the accident your fault! What you say to insurance companies about the accident matters; contact the Dietrich Law Firm P.C. immediately at 716-839-3939 for assistance with your case.
You should gather sufficient evidence to prove your case. Witnesses to the incident can be most helpful in proving negligence. Witnesses can help provide a first-hand, impartial account of the accident to prove that the defendant was negligent and at fault.
If you, or a loved one, have been involved in a failure to yield the right-of-way accident, you want a Best Lawyer of America to assist you in your case. Jed Dietrich, Esq. and his top rated and elite team of failure to yield the right-of-way car accident lawyers in Buffalo, New York are ready to fight for you to attempt to obtain the best result. Contact the Dietrich Law Firm P.C., a Best Law Firm of America, immediately at 716-839-3939 for your free consultation; we are available 24 hours a day, 7 days a week and are ready to fight for you!
Failure to yield the right-of-way accidents are caused by a multitude of factors including, but not limited to:
- Intoxicated Drivers;
- Distracted Drivers;
- Mechanical Defects; and
- Inexperienced Drivers.
Intoxicated drivers or those driving under the influence of alcohol or drugs are very likely to fail to yield the right-of-way. Alcohol impairment leads to decreased attention span and lack of motor coordination which results in careless driving and can be extremely dangerous for all on the road.
Distracted drivers are one of the main contributors to failure to yield the right-of-way accidents. Those not paying attention to the road are much more likely to not see signs or the cars, bicyclists, motorcyclists or pedestrians moving around them, leading to an accident.
It is the responsibility of the driver to keep their vehicle in working order. Problems with the car such as faulty brakes can cause a vehicle to fail to yield if they cannot stop at intersections when needed.
Inexperienced and young drivers are the most likely to get into car accidents. They may not know all the rules of the road, leading to confusion when approaching certain intersections or when they have to merge, or they may be impatient and willing to take more risks.
All of these factors can make the roads a dangerous place to be. If you, or a loved one, have been involved in a failure to yield the right-of-way accident, you want the most experienced Buffalo, New York personal injury attorney on your side. Jed Dietrich, Esq. and his team of superb attorneys are some of the most experienced personal injury attorneys in Buffalo, New York and they are ready to aggressively and tenaciously fight for you.
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!