Failure to Yield Accidents

In the State of New York, right-of-way laws determine who can proceed when two vehicles or road users come together at an intersection or other area. For example, at an intersection with no lights, the car that approaches the intersection first or is already in the intersection can proceed. Other cars must yield right-of-way. These kinds of rules can prevent accidents by making it clear who has to wait.

It’s expected that every motorist in Westchester County, New York, and across the state understands and obeys these rules. If you have been in a car accident because a motorist has failed to yield, contact The Law Office of Mark A. Siesel for a free consultation. Failure to yield is usually a type of negligent driving, and you shouldn’t have to pay out of pocket for your car repairs and injuries because of someone else’s recklessness. In a free consultation, find out whether you have the right to compensation.

What Causes Failure to Yield Accidents?

Failure to yield accidents are somewhat different than the typical car crash for the reason that often, it is the injured victim that drives their car into the vehicle that has failed to yield. However, this is not always the case. In some instances, there is unclear road signage, or a car or truck fails to yield and enters an intersection where a car is already driving through, causing severe injuries.

Accidents caused by a driver’s failure to yield right-of-way occur for many reasons:

• Failure to yield to traffic when a driver is making a left turn;
• Failing to stop at a stop sign and continuing into traffic before oncoming vehicles to the left or right have gone through the intersection;
• Failure to yield to emergency vehicles such as fire trucks, ambulances, or police cars when they are engaged in emergency operation and have their lights and sirens on;
• Failure to yield to a bicyclist while making a right turn and the bicyclist has the right of way;
• Failure to yield the right-of-way to a pedestrian when the pedestrian is in a crosswalk and has the right of way;
• Failure to yield the right-of-way when the operator is merging onto a highway or parkway;
• Failure to yield the right-of-way when the driver is entering the street from a private driveway, parking lot or side street;
• Failing to yield at a flashing yellow or red light.

No matter what has caused your car accident, it is important to have the incident carefully investigated and to find out what options you may have for compensation. Failure to yield accidents can often cause T-bone accidents, which can result in serious and even permanent injury because the side of the car does not have a crumple zone. Many cars also do not have side airbags to protect occupants in the event of these kinds of crashes.

Negligence in Failure to Yield Accidents

Negligence plays a pivotal role in any personal injury case, including failure to yield accidents. Under New York law, negligence refers to a driver’s failure to exercise reasonable care behind the wheel, which can lead to preventable accidents and injuries. In cases of failure to yield, the driver who does not give the right of way as required by traffic laws can be deemed negligent if their actions cause harm to another driver, passenger, or pedestrian.

For example, when one driver fails to yield at a stop sign, making an improper turn, or doesn’t slow down when approaching a pedestrian crosswalk, they are not adhering to the rules of the road. If their failure to yield leads to a collision, their negligence is typically the main cause of the accident. To successfully pursue a claim, you must demonstrate that the other driver acted carelessly or recklessly, breaching their duty to follow traffic laws, and that their negligence directly resulted in the injuries and damages you have sustained.

As part of your claim, you must be able to show that you sustained losses as a result of your injuries, such as hospital bills, property damage, and more. Working with a personal injury attorney is valuable, because your lawyer can accurately determine all your current and expected future injury costs, ensuring you pursue fair compensation for your injuries, pain and suffering, income loss, and more.

Even if you were partially at fault for the accident, New York’s comparative negligence laws allow you to recover damages, although the amount may be reduced based on your degree of fault. That means if the other driver failed to yield, but you were speeding or otherwise negligent, you can still seek compensation, though your share of responsibility will be factored in.

If you’ve been hurt in a failure to yield accident in Westchester County or anywhere in New York, it’s important to consult with an experienced attorney who can help you prove negligence. The right lawyer will work with accident reconstruction experts, investigators, and other professionals to determine the cause of the accident and will pursue legal action, if appropriate, to seek compensation for you. Your attorney will negotiate with insurers for you and present your case in court if your claim goes all the way to trial, always seeking to maximize your financial recovery.

It’s also important to work with a failure-to-yield accident attorney because you may be accused of causing the accident. Your lawyer will investigate the situation to see whether an obstructed view, missing street signs, or another factor were the actual reasons for the accident. Even if you were partially at fault, your attorney will use the outcome of their investigation to make sure your portion of fault is accurately calculated, so your compensation remains fair.

Westchester County Failure-to-Yield Lawyers

If you are involved in a failure to yield accident, or in any type of car crash, and you suffer injuries as the result of the other driver’s negligence, you will require the services of knowledgeable, experienced and dedicated attorneys who will fight the car insurance companies and their lawyers to ensure that you receive compensation for all of your injuries, including pain and suffering, (past and future) loss of earnings, medical and hospital expenses, past and future, loss of enjoyment of life and the inability to perform activities of daily living. At The Law Office of Mark A. Siesel in White Plains, New York, we have successfully represented the victims of failure to yield accidents for over 38 years, in both the state and federal courts of New York.

We Are Here To Answer All of Your Questions

Undoubtedly, if you or a family member has been in a failure to yield or any other type of car accident, you have many questions that must be answered quickly. For example, who pays my medical and hospital bills? In New York State, under the No-Fault Law, with limited exceptions such as in pedestrian accidents, your medical and hospital expenses are covered by your own insurance company. Further, you have a very short time frame of 30 days to submit the proper documentation to your auto insurance carrier, so it is vital that you speak with an attorney immediately after your accident. Additionally, you are entitled to a percentage of lost earnings from the no-fault insurance company, assuming that your employer and treating doctors provide the proper documentation in a timely fashion. Thus, it is essential that you have attorneys with the experience and expertise to work for you immediately after your accident. Further, you must not speak with or give statements to the insurance company for the other driver, and UNDER NO CIRCUMSTANCES should you sign any documents or prepare any reports for the other driver’s insurance representatives. Always speak to an attorney first, so that you have someone protecting your interests.

Contact Us

Have you been injured in an intersection accident, failure to yield collision, or any other kind of traffic crash? For a free consultation to discuss your case in detail, call us at (914) 428-7386 or contact us online.