Failure to Yield Accidents
According to the National Highway Traffic Safety Administration (NHTSA), over 90% of motor vehicle accidents are caused by driver error. Based on additional statistics compiled by the NHTSA, the fourth-most common driver error is when someone fails to properly yield the right of way to another vehicle. If you or someone close to you has been seriously injured in an accident caused by a driver who failed to yield the right of way when required, contact San Antonio car accident attorney Jeramie Gertz. He is dedicated to advising and representing victims throughout Bexar County and surrounding areas.Holding a Careless Driver Liable for a Failure to Yield Accident
If most traffic accidents arise from driver error, this means that they are preventable and should not happen. But they do happen because driver error is common. There are many reasons why drivers may act carelessly or recklessly, such as fatigue, distractions, poor training, or road rage. When a driver’s failure to yield causes an accident, that driver may be held legally liable for the injuries and property damage that they caused through a negligence claim.
Negligence is a civil cause of action. Essentially, it contains four main elements, which must all be present in order to prevail in a claim. The defendant, or the person at fault, must have owed a duty to the victim. The defendant must have breached this duty, the breach of duty must have caused the accident, and the injuries that the victim sustained must be compensable. A plaintiff who shows these elements may recover damages from the defendant for their injuries and expenses, including the costs of medical bills, lost income, and vehicle repairs, in addition to compensation for their pain and suffering and other, more subjective forms of harm.
Car accident cases re generally based on the negligent acts or omissions of the defendant driver. All drivers owe every other driver on the road a duty to obey all applicable traffic laws and rules of the road. In the case of a failure to yield accident, traffic laws clearly spell out who has the right of way in each traffic situation. This means that a driver’s failure to yield the right of way likely is a traffic violation and thus a clear breach of the duty of care. Failure to yield accidents are common when a driver fails to:
- Pull aside for an emergency vehicle;
- Watch and wait for oncoming traffic when making a left turn;
- Stop, while attempting to turn right, for pedestrians or cyclists traveling in the same direction in bike lanes or crosswalks;
- Proceed in the appropriate order at an intersection;
- Observe that cross-traffic does not stop at an intersection;
- Properly merge with traffic on a highway onramp; or
- Allow themselves sufficient time to enter the roadway and merge with traffic when turning onto a street from another street, an alley, a driveway, or a parking lot.
In any of these circumstances, Texas has clearly established which vehicle has the right of way. Therefore, if a driver violates these rules, liability likely may be established if the accident was a foreseeable result of the violation.Discuss Your Car Accident Case with San Antonio Attorney Jeramie Gertz
If you have been injured or have lost a loved one in a crash caused by a driver who failed to yield when required, San Antonio car accident lawyer Jeramie Gertz can help you. To discuss your potential case, contact us at (210) 807-4444 or use our online form to set up an appointment. Jeramie Gertz represents people who need an aggressive driving accident attorney or guidance with any other motor vehicle collision claim in Bexar, Maverick, Kendall, Medina, Comal, Bandera, and Atascosa Counties.