Failure to Yield Accidents
While some drivers operate their vehicles as though they always have the right of way, the reality is that the law requires drivers to yield the right of way in certain circumstances. All drivers must obey the rules of the road, including rules about yielding when appropriate. If a driver violates the law, they may be liable for any resulting injuries. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our Chicago car accident lawyers help victims assert their right to compensation for injuries and damages following a collision with a careless driver. Our motor vehicle collision attorneys are proud of our record of successfully securing compensation for many injured people, and we provide compassionate, personal service throughout the process.Holding a Driver Accountable for a Failure to Yield Accident
Failure to yield accidents occur when a driver does not yield the right of way appropriately to another driver, bicyclist, or pedestrian, and this failure results in a collision. Often, when the accident involves another vehicle, the other vehicle strikes the car that failed to yield. Failure to yield accidents often occur when a driver approaches a flashing red light or makes a left turn before oncoming traffic and fails to yield. Drivers who enter a street from a private driveway may also fail to yield, as may drivers who do not give the right of way to pedestrians who are already walking in a crosswalk.
Victims of failure to yield accidents may sue the at-fault driver for compensatory damages. These damages are intended to put the victim in the position where they would be had the accident not occurred. In order to recover damages, the accident victim must first prove the legal fault of the other driver.
Negligence is a legal term that refers to carelessness, and it is usually an appropriate theory in a failure to yield accident case. As the plaintiff, the victim would assert that the negligence of the other driver, in failing to yield, caused the crash. To show causation, the victim would prove that failing to yield directly caused the accident, and there was no other intervening cause that led to it. Also, the victim would show that their injuries were a foreseeable consequence of the driver’s failure to yield.
Determining fault for a failure to yield accident may require strong evidence documenting the circumstances of the crash. The defendant or their car insurer may attempt to argue that in fact they had the right of way. Accident reconstruction specialists can review the evidence, including skid marks and witnesses testimony, and they can offer their opinions regarding how the accident occurred.
The types of damages that may be available in a failure to yield car accident case include all of the quantifiable costs related to the accident. Medical costs for hospital care, physical therapy, and expenses relating to in-home services are potential compensatory damages. Damages for pain and suffering may also be recovered. The victim may receive compensation for any loss of enjoyment of life. When a car accident causes a victim to lose earning capacity, they may recover the difference in their wages, based on their past earnings.Retain a Capable Chicago Lawyer for Your Car Accident Claim
At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we understand the overwhelming financial, physical, and emotional impact of a car accident. For decades, we have helped ease these burdens by advancing the rights of victims against any individual or entity responsible for causing an accident and their injuries. Our Chicago car accident attorneys help victims and their families throughout Illinois, including people in Aurora, Champaign, Springfield, Rockford, Quincy, and other communities throughout Kane, Cook, Sangamon, Adams, and Winnebago Counties. Our dedicated motor vehicle collision lawyers provide personalized legal guidance, clearly communicating your legal rights and obligations throughout the process of investigating, negotiating, and if necessary, litigating on your behalf. Call us today at (888) 626-5556 or complete our online form for a free consultation.