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Failure to Yield Accidents in Cape Coral

When we get behind the wheel, our safety often depends on others on the road obeying traffic laws.

If a driver fails to yield the right of way when required, it can cause a serious car accident and devastating injuries. If you or someone you know was hurt by a careless driver who failed to yield, we can help.

Our car accident attorneys can meticulously analyze the facts of your case and aggressively pursue compensation for your harm.

Why People Fail to Yield

A failure to yield accident often occurs when there is a flashing yellow light, when a driver is making an unprotected left turn and fails to yield to oncoming traffic, when a driver ignores a yield sign, when a driver fails to yield to a pedestrian crossing, or when a driver carelessly enters a street from a private residence.

Proving Negligence

Someone who is struck by a driver who fails to yield may be able to hold that person accountable through a negligence claim. Negligence is the failure to take reasonable care while driving, or to take the same precautions that a prudent or sensible driver would have taken in similar circumstances.

For example, a driver who causes an accident by disregarding a yield sign would probably be liable for any resulting injuries. This is because a prudent driver would know that disregarding a yield sign foreseeably could cause harm to others. A reasonable person also would not be likely to violate traffic laws.

In order to establish a negligence claim, the plaintiff is required to show the following elements:

  • Driver owed a duty of care to the plaintiff
  • Driver breached the duty of care by failing to yield the right of way
  • Crash occurred as a direct result of the defendant's failure to yield
  • Plaintiff incurred damages

All of these elements must be established by a preponderance of the evidence in order for the plaintiff to be able to recover damages.

While the types of compensation vary among cases, a plaintiff generally will be able to seek damages for medical expenses, rehabilitation costs, lost income and benefits, pain and suffering, property damage, and more. If you have tragically lost a loved one in a failure to yield accident, you may be able to pursue wrongful death damages, such as medical expenses, funeral costs, and loss of companionship.

Our Legal Team

Victims of failure to yield crashes have rights. If you are in this situation, it is important to seek the guidance of a knowledgeable car accident lawyer. At Lusk, Drasites, & Tolisano, we have helped many injured individuals pursue the damages they deserved after a crash.

We understand that this can be a difficult time for you and your family, and we will handle your case with care and compassion. Our Florida car accident attorneys also serve people near Cape Coral, Fort Myers, and Naples. Call us toll-free at (239) 908-4930.

Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.
What Sets Us Apart
  • No Fees Until We Win
    We offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
  • Prioritizing Your Experience

    As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases. 

  • In Practice Since 1982
    We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.

Client Testimonials

  • "Answering all my questions and making me feel very important."
    Shannon D.
  • "Highly recommend."
    Rebecca M.
  • "There isn't enough stars for me to give."
    Lynn E.

Contact Lusk, Drasites & Tolisano

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