Failure to Yield Accidents
Many accidents happen as the result of one driver’s failure to yield the right-of-way. This can take place in many different locations, including freeway on-ramps, intersections, at stop signs, and in parking lots. It can be tough to prove fault in accidents involving a failure to yield the right away. If there is a disagreement about who had the right-of-way, such as whether the light was red or green, and there are no witnesses, then proving fault is tricky. There are also many different disputes that can arise with insurance companies when it comes to providing coverage. A committed Massachusetts car accident lawyer at The Law Offices of Barry Feinstein and Affiliates P.C. can conduct a thorough investigation into your claim and help you put your case forward after being injured in a crash.Proving Fault After a Failure to Yield Accident
Drivers have a duty to pay attention behind the wheel and to use adequate care and skill as they navigate Massachusetts roadways. Unfortunately, many drivers don’t take this responsibility seriously. They engage in distracted driving habits like texting or surfing social media or drive while intoxicated. These activities can make it difficult for the driver to identify when he or she must yield. Some common examples of when failures to yield the right-of-way occur include when a car is making a left turn in an intersection without a green arrow, before a car merges into another lane, when a pedestrian or cyclist is using a crosswalk, when a traffic light is flashing, or when a car is entering or exiting a driveway.
To establish fault, you must show that the other driver failed to drive with reasonable care and skill, which includes things like distracted and intoxicated driving. Obtaining eyewitness statements or a police report indicating who is at fault for the accident can help establish that the other driver failed to use appropriate care. In some cases, it is helpful to retain an accident reconstructionist who can study the crash and explain how the other driver is at fault for the situation.Recover the Compensation you Deserve
After showing that the other driver operated his or her vehicle in a negligent way in causing a failure to yield accident, you must prove that there is a connection between this failure and the injuries that you sustained. If the defendant can point to some other factor, such as a malfunctioning traffic light, that caused the substantial majority of your harm, then you may not be able to recover compensation from that defendant even if he or she acted negligently. Ultimately, you must show that you would not have suffered injuries but for the defendant’s failure to drive with appropriate care and skill, and a seasoned accident lawyer can help you present your case.
The final phase of the lawsuit involves showing the amount of damages that you suffered. This includes everything from medical bills to lost wages. If the injuries that you sustained were severe, you can also seek compensation for your lost earning capacity and future anticipated medical expenses. If you are married, then your spouse may also have a claim for loss of consortium, which compensates the spouse for the loss of his or her spouse’s companionship, love, and support. This is a critical step to ensuring that you and your family will have the compensation you need to care for your injuries and to make you whole again after the crash. Failure to yield accidents can result in devastating injuries including concussions, broken bones, back injuries, internal bleeding, traumatic brain injuries, and even death.Consult a Compassionate Car Accident Lawyer in Massachusetts
We know just how overwhelming an injury accident can be. Crashes can happen when you least expect them, and even minor collisions can cause major disruption in your daily life. With clients located across Massachusetts, including in areas around Boston, Cambridge, Lowell, Waltham, Newton, Somerville, Dedham, Norwood, Quincy, Brookline, and Peabody, we have handled a wide variety of motor vehicle accident cases. To schedule your free consultation with our attentive and responsive legal team call us at 1-800-262-9200 or contact us online.