There may be a requirement to yield in a couple of scenarios. First, when a driver is merging onto the highway or into a different lane, these motorists must yield to oncoming traffic. Another situation that may require someone to obey yielding rules is at a four-way stop. The driver who arrives at the intersection first has the right of way in most situations.
Failure to yield applies in more scenarios than people may understand. For instance, when a driver is in a center turn lane merging into the flow of traffic, and they ease into the lane before traffic is clear, this is considered a failure to yield. In general, failure to yield occurs when a driver disregards another vehicle’s right of way and that disregard causes a car wreck.
Traffic control signals, signs, and the flow of traffic determine who has the right of way in any given driving scenario. As an example, when someone is coming out of a driveway into a lane of traffic, they are required to give the right of way or yield to the motor vehicles already traveling. A Sugar Land failure to yield accident lawyer could help you take legal action if someone caused you to get into a collision because they did not obey certain traffic laws.
Why is Identifying Fault in Failure to Yield Cases Difficult?
It can be difficult to demonstrate fault in failure to yield cases because there are multiple parties who all may contribute to the cause of the collision. Occasionally, one motorist may have the right of way but still drives recklessly. For example, one driver may have the right of way but is excessively speeding when another motorist recklessly pulls into the intersection when they should not be.
Although the driver who pulled into the intersection failed to yield, the other party was also driving recklessly. In this situation, both drivers may be partially to blame for the incident.
When May a Claimant Be Partially At Fault?
When an injured driver who neglected the right of way brings a lawsuit against another motorist, the insurance company may refuse to accept liability. In this situation, the plaintiff and their Sugar Land attorney must conduct a more thorough investigation to prove that some extenuating factors of the defendant’s conduct made the injured party’s failure to yield not the primary cause of the incident. It is a more challenging case for a plaintiff to prove that their injuries were not caused by their neglect of the right of way.
Alternatively, if the defendant failed to yield at a four-way stop, this gives the insurance company less leverage against the plaintiff who did have the right of way. The insurance company may see this case and accept that their insured was at fault, and then it becomes an assessment of damages for the case.
Role of Police in These Cases
After a failure to yield accident in Sugar Land, one of the parties or an eyewitness must call the police. When the police arrive at the scene, they may talk to both drivers and any eyewitnesses.
It is important to note that the police officer is not an accident reconstructionist. They are not at the accident scene to take measurements and check the vehicles’ black boxes. The police officer is there to obtain facts from the people that are present and generate an initial report. This means that some police reports are not infallible. This is why it is so important for attorneys to talk to their claimants and gather as much information as possible. While the police report can be a valuable tool in understanding the basis of a claim, it is not the only piece of evidence to consider.
Investigating Failure to Yield Cases in Sugar Land
Sometimes, a police officer indicates that there was an eyewitness at the scene, but they did not necessarily interview these individuals. An attorney may follow-up with these witnesses on behalf of the injured party. While a claimant can do this themselves, it is much better if an attorney does it for them because a legal professional knows how to document all important information and how to organize a claim so that it is easier to understand.
Another step that an attorney could take is sending a spoliation letter to local businesses. This letter puts these businesses on notice that an incident occurred within their vicinity, and they need to preserve any evidence, such as security footage, that is pertinent.
It is important to contact an attorney as soon as possible following a failure to yield accident in Sugar Land because many businesses have automated overwriting or rewriting video programs. Every 10 and 15 days, the video might be overwritten. A claimant could ask a business not to delete or destroy any video footage, but the spoliation letter is much more persuasive and official.
Contact Our Sugar Land Failure to Yield Accident Attorneys
Working with a law firm as opposed to a solo practitioner may be more beneficial in these cases because there are more resources available. They have someone there to answer the phone. A case manager to oversee the claim while it is in pre-litigation. There are experienced paralegals and assistants that know how to litigate the case from beginning to end. There are more people available that the client can contact. In general, it is a much easier process to work with a firm that has more resources.
If you suffered injuries in a serious car wreck, speak with a Sugar Land failure to yield accident lawyer today. Our firm offers free initial consultations, so do not hesitate to call.