According to New York's Vehicle and Traffic Law, there are specific rules that driver's must follow regarding the right-of-way. This means that the driver who does not have the right-of-way must yield to the driver who does. If the driver who does not have the right-of-way and fails to properly yield then that driver has violated the law. A failure to yield accident will occur if a driver's failure to yield the right-of-way results in a crash. The result of failing to yield is often a side collision or a t-bone accident where one car strikes the side of another vehicle. A failure to yield accident can also lead to sideswipe accidents, single-vehicle accidents, rollover accidents, lane departure accidents and fatal car accidents. Furthermore, failing to yield is a common cause of pedestrian accidents. Failure to yield accidents can be quite serious sometimes leaving victims with grave injuries. However, under New York law victims of such accidents are allowed to seek compensation from the person whose negligence resulted in accident. If you or a loved one was injured by a driver who failed to yield as required by law, it is important that you immediately contact an experienced New York City Failure to Yield Accidents Lawyer who will review the details of your case and help you secure compensation for your injuries.
Types of Failure to Yield AccidentsA failure to yield accident can occur in a number of different situations. For example, under New York Vehicle and Traffic Law section 1141, a vehicle turning left must yield to vehicles approaching from the opposite direction that are close enough to constitute an immediate hazard. If a driver fails to yield under these circumstances and collides with an approaching vehicle, the driver that failed to yield would have negligently caused the accident and would be liable for the physical injuries suffered due to the accident. Similarly, under New York Vehicle and Traffic Law section 1142, a driver approaching a stop sign must stop and shall yield to any vehicle that has entered the intersection. Under New York Vehicle and Traffic Law section 1143 a driver entering a roadway from any place other than another roadway such as from a private driveway, must yield to vehicles already on the roadway. Failure to yield as required by these laws or as required by other laws could result in an accident.
Other right of way rules include that drivers must yield to other drivers if there is a yield sign, at uncontrolled intersections where vehicles are already in the intersection, and when turning left where there is oncoming traffic, and when returning to the roadway after being parked. In addition, drivers must yield the right of way to pedestrians in a crosswalk, to persons using a seeing eye dog, and to persons using a white cane.
Consequences of Failure to Yield AccidentsFailure to yield, as a violation of New York Vehicle and Traffic Law, may be the proximate and actual cause of the accident. Whether the accident is a side collision, sideswipe accident, or any other type of accident, a failure to yield accident may leave victims with serious injuries. Victims often suffer head and brain injuries, broken bones, neck injuries, internal bleeding, shoulder injuries, and pelvic fractures. The severity of injury depends on factors such as the speed of the impacting vehicle, the position of the occupant in the vehicle, the side of the impact, and the position of the impact.
New York law allows victims of failure to yield accidents to bring personal injury lawsuits against the person responsible for their injuries. You may be entitled to compensation for your past and future medical expenses related to your injury, lost wages, loss of earning capacity if you are unable to earn as much as you earned prior to the accident, pain and suffering, and property damage. If the accident resulted in the death of a family member you may be able to collect compensation from a wrongful death claim.
Whether a vehicle accident is a side collision, head-on collision, rear-end collision, or a sideswipe, a failure to yield accident may leave you with both physical injuries and financial stress. A personal injury lawsuit against the person responsible for the accident is a way to not only hold that person accountable for his or her negligent driving but a way for you to be compensated for your losses. However, to ensure that your rights are protected it is important that you are represented by someone with experience representing victims of car accidents. The staff at Stephen Bilkis and Associates has extensive experience representing clients injured in head-on collisions, rear-end collisions, side collisions as well as other types of vehicle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident.