Failure to Yield Accidents
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 accident and devastating injuries. If you or someone you know was hurt by a careless driver who failed to yield, we can help. At Lusk, Drasites & Tolisano, our Fort Myers car accident attorneys can meticulously analyze the facts of your case and aggressively pursue compensation for your harm.
Holding a Careless Driver Accountable for a Failure to Yield
A failure to yield accident often occurs when there is a flashing yellow light, when a driver is making a 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.
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 rules.
In order to establish a negligence claim, the plaintiff is required to show the following elements:
- The driver owed a duty of care to the plaintiff;
- The driver breached the duty of care by failing to yield the right of way;
- The crash occurred as a direct result of the defendant’s failure to yield; and
- The 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.
Contact a Fort Myers Attorney for Your Car Accident Case
Victims of failure to yield crashes have rights. If you are in this situation, it is important to seek the guidance of a knowledgeable Fort Myers car accident lawyer. At Lusk, Drasites & Tolisano, we have helped many injured individuals pursue the damages they deserve 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 motor vehicle collision attorneys also serve people from Naples, Port Charlotte, Lehigh Acres, and Sarasota, among other cities. Call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation.