Failure to Yield
Unfortunately, many motor vehicle accidents in the state of New York have to do when someone slows down but fails to actually yield the right of way to the other driver or ignores a yield sign altogether. These can represent complex situations in which an injured victim is forced to figure out how to recover from a severe accident without clear knowledge of their rights.
When you hire an experienced failure to yield accident lawyer in New York, however, you will have a better understanding of what you need to do to proceed and how to protect your interests going forward. The basic principle in any accident claim related to this is that the vehicle approaching the intersection always has to yield the right of way to a vehicle that has already entered that same intersection. When you have been injured in an accident and are curious about negligence as well as how to file a compelling claim for recovery, you need to consult with a failure to yield accident attorney in New York immediately.
The driver who fails to yield and causes a motor vehicle accident in an intersection, faces legal liability for the accident. New York vehicle and traffic law section 1172 governs the rules related to yield signs. This section mandates that a driver stop at the yield sign, if required for safety or if there is no yield line present, just to discontinue moving the car prior to entering the cross walk. If there is no cross walk, then a driver has to stop at the point nearest to the intersecting road where they can see oncoming traffic without actually entering the road way. If there are no hazards present in the intersection at the time that the driver approaches it, then he or she may proceed safely.
However, if there are hazards present, failure to yield at a stop sign and ultimately causing an accident is a traffic violation which does not require any intent of wrongful conduct, rather someone can be held responsible for causing a failure to yield accident, simply because of the fact that it happened, whether or not they knew that it was wrong. This is referred to as the presumption of negligence, which your New York failure to yield accident attorney can tell you more about. All drivers are responsible for exercising caution when driving into an intersection. A driver who is operating his or her vehicle safely and who is already in the intersection, however, does not face liability when the other driver fails to yield and an accident happens. The driver that is following the law assumes that the other driver would also be following the law. This is known as the reasonably prudent person test. New York courts, in the case of managing claims of accident victims associated with the failure to yield, have upheld that a driver who has the right of way is not liable in a personal injury accident, in which the other driver had a yield sign but failed to yield and a collision occurred. Without the benefit of independent witnesses to state who failed to yield, this becomes a disputed issue that can be extremely complex is a personal injury claim. This makes it all the more important to retain a failure to yield accident attorney in New York who has years of experience battling these kinds of claims. Networking with experts and hiring necessary professionals such as an accident reconstructionist, may be required in order to form an opinion and testify about what the physical evidence may show. This can help to illustrate to the jury who may have been in the wrong at the time of the accident. If you or someone you know has already suffered serious personal injury because of someone else's failure to yield, the way that you present the specifics of the accident can have a major impact on your ability to recover compensation.
It is for this reason that you should schedule a consultation directly with a knowledgeable New York personal injury lawyer who can guide you through the process and help you fight for maximum recovery when you have been severely injured. No one should have to suffer the severe consequences of being hurt in such an accident, but this is all too often the reality for victims who are not sure where to turn next.