Most car accidents are caused by driver error, including speeding, tailgating, distracted driving, or other reckless driving behaviors. A failure to yield to the right-of-way can also result in a potentially serious car accident. All licensed drivers are expected to understand and follow the rules of the road, including when to yield. You may be entitled to financial compensation if you are injured in a car accident involving another motorist who failed to yield to the right of way.
What Are the Right of Way Laws?
Sometimes, it is obvious which driver has the right of way. For example, if you are entering a busy highway, the cars already in the traffic flow have the right of way, and you must yield to those vehicles. However, while some scenarios may not be as clear as who has the right of way, you must understand when to yield and who has the right of way. The following are examples of a range of traffic scenarios and who has the right of way:
- Three and four-way intersections: In most cases, if two vehicles reach an intersection at the same time, the vehicle on the left must yield to the vehicle on the right, with the following exceptions:
- Three-way stop: If one of the two roads ends at an intersection that has no stop signs, the vehicle traveling in the road that ends must yield to the cars on the road that continues. If the three-way intersection has stop signs, the cars on the left must yield to the vehicles on the right.
- Malfunctioning traffic lights: All vehicles must come to a complete stop before entering the intersection and should only proceed if it is safe. If the malfunctioning traffic light is at a 4-way intersection, and two cars arrive at the same time, the vehicle on the right has the right of way. At a 3-way intersection with a malfunctioning light, the car on the roadway that does not stop must yield to the vehicle on the roadway that continues.
- Signals or signs: If an intersection has a traffic signal or a stop sign, it is generally clear which motorist has the right of way. Motorists are responsible for following the rules of the road and yielding to vehicles with the right of way.
- Crosswalks: Motorists must always yield to pedestrians crossing the street at a crosswalk, regardless of whether the crosswalk is marked. However, pedestrians are also responsible for paying attention to oncoming vehicles and waiting to cross until it is safe to do so. If crossing the street at a location that does not have a crosswalk, pedestrians must yield to traffic.
What Are Common Causes of Failure-to-Yield Car Accidents?
A failure-to-yield car accident is generally caused by some type of driver negligence, including the following:
- Driving while distracted: If a motorist is talking or texting on their phone or engaging in any other behavior that takes their attention away from the road, they are much more likely to cause a serious failure-to-yield car accident.
- Impaired driving: Motorists are much more likely to cause a failure-to-yield accident when they are under the influence of drugs or alcohol. Depending on how impaired the driver is, they may fail to see a yield sign or drive right through an intersection without even slowing down.
- Lack of experience: Some newly licensed, inexperienced drivers may not fully understand the rules of the road, including when they must yield and when other vehicles have the right of way.
What Should I Do if I am Injured in a Failure-to-Yield Accident?
You may be entitled to financial compensation if you suffered an injury in a failure-to-yield accident and the other motorist was at fault. To recover the damages that you are entitled to, there are important steps you should take, including:
- Call 911 to report the accident and notify dispatch if there are injuries so they can send an ambulance to the scene. The responding officer will fill out a police report, which you can obtain a copy of and submit when you file a claim.
- Seek immediate medical attention. Even if your injuries seem minor, ensure you are examined by a medical professional as soon as possible. Failure to do so may hurt the outcome of your claim.
- Take pictures of the accident scene, including the damage to your vehicle, your injuries, skid marks or debris on the road, and the location of the accident.
- Exchange contact and insurance information with the other driver. Do not say anything that could be interpreted as an apology, as this could be used against you during the claims process.
- Contact an experienced car accident lawyer who can protect your legal rights and help you navigate the claims process.
What Damages am I Entitled to in a Failure-to-Yield Car Accident?
Depending on the nature of the accident and the force of impact, failure-to-yield car accidents can cause injuries ranging from minor cuts and lacerations to broken bones, spinal cord injuries, and traumatic brain injuries (TBIs). A successful personal injury claim may include the following damages:
- All medical expenses associated with your injury, including hospital bills, follow-up doctor’s appointments, physical therapy, and prescription medications
- Lost wages and loss of future earning capacity
- Property damage
- Mental anguish
If you were partly to blame for causing the failure-to-yield car accident, you may still recover damages from the party more at fault than you. Keep in mind, however, that Ohio is a comparative negligence state, which means that the percentage of your share of liability will reduce your total damages. In addition, if you are found to be more than 50 percent at fault, you will be unable to recover any damages, according to Ohio’s modified comparative negligence rule. Your car accident lawyer will work closely with you to negotiate the best possible settlement.
Our Cincinnati Car Accident Lawyers at Wolterman Law Office Represent Victims of Failure-to-Yield Car Accidents
If you or a loved one was injured in a failure-to-yield car accident, do not hesitate to contact our Cincinnati car accident lawyers at Wolterman Law Office. We will conduct a thorough investigation to determine who is responsible for causing the accident. To schedule a free consultation, call us today at 513-488-1135 or contact us online. Our office is located in Loveland, Ohio, where we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.