Some car accidents are unavoidable, but many could be prevented if drivers took the time to follow the law as well as general safety precautions. A driver’s failure to yield the right of way is often the cause of a crash and the resulting injuries. The Miami car accidents at The Law Offices of Robert Dixon are experienced in representing individuals involved in such collisions and can help you evaluate your claim. We can assist you in determining who may be responsible for your accident and seek to hold them accountable.
Failure-to-Yield Law in Florida
In 2010, failure to yield the right-of-way was one of the most prevalent contributing factors in car accidents. These types of collisions were also the second-leading cause of serious or fatal crashes in the state. Knowing the law and when you must yield to others is important for maintaining safety on the roads. Vehicles entering or approaching an intersection must yield the right-of-way to any vehicle that has already entered the intersection from a different street or highway. Every incident is different based on the specific facts, however, which is why it’s important to consult a knowledgeable attorney who can assess the situation.
The circumstances can get more complicated when multiple cars are involved, or if drivers have different accounts of what happened. Florida law specifies who has to yield the right-of-way in an array of different circumstances. For example:
• The driver to the left must yield if two or more vehicles arrive at an intersection at the same time.
• Drivers turning left within an intersection must yield to all vehicles approaching from the opposite direction.
• All vehicles must yield to pedestrians and traffic at stop signs.
• In an “open intersection,” those without signs or lights, drivers must yield to:
◦ Vehicles on a highway when entering from another road.
◦ Vehicles on a paved road, when entering from an unpaved road.
These cases can be extremely complex, often requiring testimony from experts regarding accident reconstruction and other technical issues.
Holding Careless Drivers Liable for their Negligence
A personal injury claim based on a driver’s failure to yield usually proceeds as a negligence lawsuit. This requires the victim to prove that the defendant owed the victim a duty of care, breached that duty, and caused injuries as a result of the breach. Every driver owes a duty of reasonable care to all others on the road, defined as what a reasonably careful driver would do in similar circumstances. Since a reasonably careful driver would obey failure-to-yield rules, failing to yield likely comprises a breach of duty. Thus, if you can show that you were hurt because a driver failed to yield, you may be able to succeed in a negligence claim against the driver.
A driver’s failure to yield can cause serious and sometimes fatal accidents. Traumatic brain and spinal cord injuries are among some of the catastrophic harms that could result from such crashes. If you have been injured as a result of another driver’s failure to yield, you may be entitled to damages for:
• Past and future medical expenses
• Loss of wages
• Pain and suffering
• Property damage
In the devastating event that a loved one was killed in a car accident, you may have a wrongful death claim. Those claims allow you to recover damages such as medical and burial expenses, lost earning capacity, and loss of companionship, although clearly no sum of money can compensate for the loss of your loved one. Because of the time-sensitive nature of these crashes and their associated legal claims, it is important to contact a lawyer who can make sure your rights are preserved.
