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“Failure-to-Yield” Accident Attorneys in California
All drivers must obey traffic laws and comply with traffic signs and signals. They also must be familiar with and obey right-of-way laws in whatever state they are operating a motor vehicle in. Many drivers fail to do so due to driving under the influence, distraction, speeding, or aggression. Their actions morph intersections into hazards and cause devastating accidents. If you or someone you love became a victim of one of these drivers, reach out to our experienced California failure to yield collision attorneys at Arash Law. With their help, you could receive the compensation you deserve for your failure to yield accident injuries.
Liability for California Failure to Yield Accidents
A driver could be negligent if traffic laws designate the right of way, and they fail to yield when they should. California drivers can be held liable if:
- A safety law or regulation addresses the issue
- The driver violated the safety statute or regulation
- The violation is the proximate cause of the other individual’s injuries
- The injured individual is a member is protected by the safety statute or regulation
Your California failure to yield collision lawyers can show these four points exist, and negligence can be assumed rather than proven. The negligence doctrine is beneficial in helping the injured person recover compensation.
Damages in Failure to Yield Accidents
The damages you could be owed for your injuries will be different from other cases. Your damages will vary based on who is involved in your failure to yield accident and the extent of your injuries. Imagine that you and another vehicle come to the intersection at the same time.
You are on the right. The other driver is unaware that there is a rule giving you the right of way and proceeds to enter the intersection when you rightfully do so—the other car T-bones you, causing you to sustain catastrophic injuries.
Your California failure to yield collision attorney will help you assess your losses after the accident, which includes things you used to do and enjoy but can no longer do after your injuries. Maybe you played in a softball league, went ice skating with your children every weekend, or worked at a landscaping company doing physically demanding work. Now you cannot participate in these activities because the T-bone accident caused you to break your leg and pelvis. A jury will consider how severe the accident was, along with your own testimony, to decide how much compensation you should be awarded for general damages.
The Right of Way as Defined by California Law
There are several codes and statutes that address California’s right of way laws. For example, California Civil Jury Instruction 701 states that “When the law requires a [driver/pedestrian] to “yield the right-of-way” to [another/a] [vehicle/pedestrian], this means that the [driver/pedestrian] must let the [other] [vehicle/pedestrian] go first.” However, it goes on to say that “Even if someone has the right-of-way, that person must use reasonable care to avoid an accident.”
These jury instructions are used in combination with the following vehicle codes to determine the right of way in specific circumstances:
- Motor vehicles approaching an intersection must yield to vehicles who have already entered the intersection from another way
- If two vehicles arrive at the intersection simultaneously coming from different directions, the driver on the left should yield to the driver on the right except where roadways dead-end into another. If so, the driver on the ending highway must yield to the driver on the ongoing highway
- Intersections that are controlled by stop signs in every direction or if the intersection has malfunctioning or dead traffic lights, the driver on the left should yield to the driver to their immediate right
California Vehicle Code 21801: (a) a driver who wants to either turn left or make a legal U-turn needs to yield to all traffic traveling in the opposite direction and not begin or continue to turn until such traffic is a safe enough distance away to do so; alternatively, subsection (b) states that if a motorist is making a left or U-turn and has appropriately yielded, turned on their signal, and initiated their turn, the forthcoming traffic must yield the right of way to the motorist who is turning.
According to California Vehicle Code 21802: “The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.
” (b) “A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection.”
California Vehicle Code 21800 mandates that drivers yield at a yield sign and not continue until traffic has moved ahead to a safe distance.
California Vehicle Code 21804: Requires all vehicles about to enter a roadway from a side street, parking lot, or alleyway to stop for traffic already on the roadway and not move on to the road until safe to do so. It also requires vehicles to yield to cars who have lawfully entered the roadway and allow them to move safely onto the roadway.
California Vehicle Code 21805: Mandates that motorists yield for horses at publicly designated equestrian crossings
California Vehicle Code 21806: Drivers must yield the right of way to all emergency vehicles like police cars or ambulances with sirens going, and at least one emergency light lit for a distance of 1000 feet from the front of the approaching vehicle. Additionally, they must maneuver to the right-hand curb and allow those vehicles to pass.
It should also be noted that California Vehicle Code 21807 states the following: “The provisions of Section 21806 shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and property.”
California Vehicle Code 21950: Describes the duty of a driver to yield to a pedestrian crossing a road either “lawfully within a crosswalk or within any unmarked crosswalk at an intersection.”
Common Places for Failure to Yield Accidents to Occur
Intersections are the most common part of the roadway for failure to yield accidents to happen. However, they can happen in many different locations. Keep in mind that almost every time a vehicle moves forward, the risk of a failure to yield accident is present. Failure to yield accidents can also happen:
- When a car is exiting a driveway onto the main roadway
- When a vehicle is making a right or left turn into a driveway from the roadway
- When a vehicle is turning left, and another vehicle is going straight through an intersection
- When a car is turning right and a pedestrian is in the crosswalk
- At a two- or four-way stop sign
No matter the circumstances surrounding your accident, a California failure to yield collision attorney can get to the bottom of what happened and hold the appropriate parties accountable for the injuries you sustained. You could be entitled to monetary recovery for your injuries and damages.
Causes of Failure to Lead Collisions
Failure to yield collisions are sometimes due to one or both drivers not understanding who has the right of way. For instance, two drivers who come to a stop at a four-way stop sign might think they have the right of way. They both proceed through the intersection causing an accident. However, many other factors can cause failure to yield collisions, such as:
- Distracted driving
- Driving aggressively
- Driver intoxication or impairment
- Driver fatigue
- Driver using a handheld mobile device while driving
- Driver failing to come to a complete stop, never stopping but slowing down through a traffic light or stop sign, which most commonly occurs when a driver is making a right turn at an intersection
There is really no excuse for drivers who cause these types of accidents. It is the job of your skilled California failure to yield collision attorneys to determine what caused your accident and who is accountable.
Examples of Frequent Failure to Yield Accidents in California
More than a dozen negligent choices can cause failure to yield collisions. These include failing to yield:
- When leaving a side street or parking lot
- To oncoming traffic when making a left turn
- To emergency vehicles when their sirens are in use
- To drivers who have the right of way at a stop sign
- To bicyclists or pedestrians who legally have the right of way
- To other drivers when merging onto the freeway
No matter how you become a victim of a failure to yield accident, you will benefit from hiring California failure to yield collision lawyers to protect your interests. They can show how the other driver’s negligence led to your injuries.
Failure to Yield Collisions Claims Can Be Complicated
It’s relatively easy to distinguish between the accident victim and the negligent driver in most car crashes. Unfortunately, failure to yield accidents are typically the opposite. If one driver fails to yield to the driver who has the right of way, that driver may have no other options but to hit the vehicle that didn’t yield. This usually makes the car accident claim more complex, which is why many injured individuals turn to a California failure to yield collision lawyer for help.
As unfair as it seems, the crash victim must prove to the insurance company that they were not at fault and that the accident occurred due to the other driver’s failure to yield. By hiring a seasoned failure to yield collision attorneys in California, the victim can increase their chances of a favorable outcome in their claim.
Injured in a Failure to Yield Accident? Call Arash Law Injury Lawyers for Help!
At Arash Law, our effective and knowledgeable California failure to yield collision lawyers have recovered $200 Million in compensation for personal injury clients. Many of them are victims of a failure to yield accidents just like you.
Our personal injury clients have relied on us to help them get the compensation they deserve for two decades. We help injured individuals in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. We even have multilingual staff members.
Call Arash Law today at (888) 488-1391 or contact us online. Schedule your free no-obligation failure to yield accident case review with one of our compassionate California failure to yield collision lawyers today. We offer a No Win, No Fee Guarantee, which means you don’t owe us a dime unless we obtain compensation on your behalf. Schedule your consultation today.