Wrecks Caused by Failure to Yield Right of Way
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The duty to yield the right of way to another driver on the roads is the duty to let the other driver go first. Yield signs are one way that a driver is instructed that their right to proceed is secondary to another driver’s right at a particular location. Yield signs are present in order to control traffic; to protect all drivers by giving priority to drivers at one location or traveling in a direction on a road over other drivers.
Ways People Cause Accidents by Failing to Yield the Right of Way
Yield Signs on Access Roads Adjacent to Highways
Drivers frequently ignore yield signs which are often found at highway off-ramps. When driving in Texas on an access road which is adjacent to the freeway you will often encounter a yield sign which is there to cause a driver to slow or stop to allow traffic exiting the highway an unobstructed path to the access road. Yield signs are typically a red and white or yellow and white colored triangle instructing you to yield to the traffic exiting the freeway. Often drivers will ignore these signs and cause an accident with a driver expecting the access road traffic to yield the right of way. If you are injured in an accident caused by someone on the access road who has failed to yield the right of way, you can make a claim against the negligent driver for your damages (pain and suffering, medical bills, lost wages, and sometimes more) sustained in the accident.
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Drivers Entering a Road from a Parking Lot Have a Duty to Yield the Right of Way
Another way drivers cause accidents by not yielding the right of way is when they enter a road from a parking lot or driveway. All drivers entering the stream of traffic from any parking lot or drive way must stop and make sure the road is clear before entering the road. Any driver failing to do this and who causes an accident is liable for the accident. If you have been injured by someone exiting a parking lot and not yielding the right of way, the driver should be held accountable for your damages.
Stop Signs Establish a Right of Way
If a driver has a stop sign and they enter the road way when it is not clear and they cause an accident, even if they stopped, they have not yielded the right of way. A stop sign not only requires a driver to stop, it requires a driver to wait until the road is clear before proceeding. If you are injured in an accident caused by a car that did not yield the right of way at an intersection that contained a stop sign that the driver was to obey, then they will be liable for your resulting damages.
Parking Lot Accidents Cause Many Injuries Every Year
The general rule is that when there is no signage in a parking lot, the road that is connected to the main road has right of way. Generally speaking, any time someone has to turn on to another road or thoroughfare they are required to yield right of way. Cars that are backing out into the thoroughfare must yield the right of way to oncoming traffic. Car accidents that occur in parking lots can cause injuries. First of all, some drivers drive far too fast in parking lots and secondly, accidents that occur at what some consider low speeds can actually cause injuries.
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Failure to Yield by Left Turning Vehicle to Oncoming Traffic at a Traffic Control Signal
One of the most common failure to yield accidents involves left turns at traffic control signals. When a driver is attempting to turn left at an intersection that is controlled by a traffic control signal and he is given a green arrow, he has the right of way. Furthermore, a driver turning left when the oncoming traffic also has a green light must yield the right of way to the oncoming traffic.
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Countless accidents occur at intersections when drivers either ignore the rights of other drivers on the road or simply try to beat the other drivers who have the right of way, through the intersection.
A driver who hurts you or a family member by either carelessly violating your right of way or by intentional recklessness, they are liable for the injuries and all damages they cause.
Evidence Sufficient to Prove that a Driver Failed to Yield the Right of Way
Basically, proving any personal injury claim is done by showing with a preponderance of the evidence that the claimant was injured by the negligence of the other driver. Evidence must be offered that convinces the other side (an adjuster, judge or jury) that the accident was caused by the other driver.
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Essentially, evidence is sufficiently persuasive if it shows that the claimant’s theory makes more sense than any theory offered by the other driver. Basically this is done by showing how the roads lay out, where the cars were at various points in time before and during the accident, and how the cars were driven and the sequence of events leading up to the accident. Substantiating or supporting the facts with written and oral testimony from eye witnesses and expert testimony, photographs and other documents like a police report if available, is how the evidence is presented.
An analysis of the damage done to the vehicles and where it is located also aides in supporting the contentions of the claimant.
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Our attorneys have a great deal of experience with different techniques for establishing a driver’s responsibility in an accident which was caused by their failure to yield the right of way. To further discuss how we might specifically prove their responsibility for your accident, contact one of our lawyers at 972-325-0044 or contact us through the case evaluation form found in this website. We always offer a free no-obligation consultation and are happy to answer all of your questions as it relates to any kind of car or truck accident claim in Dallas, North Texas or in the surrounding areas.
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