Failure to Yield Accidents
Florida law requires motorists to yield the right of way to other drivers, bicyclists, and pedestrians in several instances, such as when entering the freeway or approaching a crosswalk. If a motorist fails to obey the law with regard to the right of way, serious accidents and even fatalities can result. The car accident attorneys at Donaldson & Weston serve Stuart residents and others whose lives have been tragically altered by failure to yield accidents. We will be glad to advise you of your legal rights if you have been involved in a crash.Protecting Your Right to Compensation from a Negligent Driver
Failing to yield is one of the leading causes of motor vehicle collisions in Florida and elsewhere. Regardless of whether a motorist is actually cited for a failure to yield following an accident, a person harmed by a driver’s carelessness may have a right to file suit seeking compensation for injuries sustained in the crash.
Car accident cases are based on the law of negligence. In most ordinary situations, negligence means that a person, business, or governmental entity failed to act in a reasonably prudent manner under the circumstances. Proving negligence requires that four elements be demonstrated: duty, breach of duty, causation, and damages. A citation for failure to yield, or other proof of a failure to yield if no citation was issued, can be used to show that a defendant motorist breached his or her duty under the circumstances. Some common causes of failing to yield include texting or cellphone use, drunk driving, fatigued driving, and speeding.
Once the elements of the claim are established, the plaintiff may be able to receive compensation for costs and losses such as property damage, lost wages, medical expenses, and pain and suffering. In some instances, a plaintiff may pursue future medical expenses that have not yet been incurred but are likely to be incurred.
Each element of negligence, including damages, must be proven by a preponderance of the evidence. The preponderance standard is not as demanding as the “beyond a reasonable doubt” standard used by the criminal justice system. Instead, it means that, more likely than not, what the plaintiff claims is true.
A common issue in negligence cases arising from failure to yield accidents is an allegation of comparative fault by the defendant against the plaintiff. The plaintiff’s damages may be reduced if he or she was partly responsible for causing the crash. However, Florida’s use of the pure comparative fault rule means that at least some damages may be recovered if the defendant bore any of the responsibility.Contact an Attorney after an Auto Accident in Stuart or Beyond
Although it may be tempting to try to handle your case on your own, it is usually wiser to consult a knowledgeable Stuart car accident lawyer prior to discussing your case with the defendant’s insurance company. Often, a case is far more complex than it may initially appear, in terms of both factual issues and procedural requirements. To speak to a knowledgeable motor vehicle collision lawyer in the Stuart area, call Donaldson & Weston at (772) 266-5555 or contact us online to set up a free consultation. We also represent accident victims in Port St. Lucie, Jupiter, West Palm Beach, and other cities throughout Martin, St. Lucie, and Palm Beach Counties.