Determining Liability for Injuries in Failure to Yield Accidents

Failure to yield accidents can cause serious injuries, but these types of personal injury claims are often difficult to settle due to the challenge of determining fault. If you've been injured in a failure to yield auto accident, seeking skilled legal representation is vital to protecting your right to compensation. Failure to yield accidents

Types of Failure to Yield Accidents

Failure to yield accidents can occur in many different circumstances. For example:

  • A driver making a left-hand turn fails to yield to oncoming traffic.
  • A driver fails to stop at a stop sign and yield to traffic passing through the intersection.
  • A driver entering the road from a private driveway doesn't yield the right of way.
  • A driver fails to yield to a pedestrian or bicyclist in the crosswalk.
  • A driver is overly aggressive in merging onto the highway.
  • A driver fails to yield before changing lanes.
  • A driver fails to yield at a flashing traffic light.
  • A driver fails to yield to a fire truck, ambulance, or other emergency vehicle.

A failure to yield accident can often be attributed to the same factors that contribute to other types of traffic accidents. These include:

  • Distracted driving
  • Driving under the influence
  • Poor weather conditions
  • Poor visibility
  • Driver inexperience
  • Driver misjudgment of the speed of other vehicles

Possible Injuries

Injuries involved in a failure to yield accident usually depend on how fast a vehicle was traveling. Severe injuries are most likely at high speeds or when one of the injured persons is a bicyclist or pedestrian.

Possible injuries in a failure to yield accident include:

  • Contusions
  • Lacerations
  • Sprains and strains
  • Broken bones
  • Whiplash
  • Concussions
  • Traumatic brain injury (TBI)
  • Internal bleeding
  • Nerve damage
  • Spinal cord injuries

Although many victims will fully recover, failure to yield accidents may result in lasting impairments.

Determining Fault in a Failure to Yield Accident

Establishing fault in a failure to yield accident can be challenging. Drivers are taught not to admit fault after an accident, so the responsible party is highly unlikely to admit any wrongdoing. Vehicle damage is not always a reliable indicator, either. In some cases, the party who is at fault is actually the one who was struck by the victim's car.

Fault for a failure to yield accident will likely be established through a combination of the following:

  • Driver statements
  • Vehicle damage
  • Witness testimony
  • Traffic cam footage
  • Crash scene evidence
  • Accident reconstruction
  • Expert testimony

Although many people believe pedestrians and bicyclists are immune from accident liability, this is not true. When a pedestrian or bicyclist does not follow the rules of the road, he can be found liable for the injuries that result.

In an accident, one party can be found solely at fault or both parties can share liability. Louisiana law allows those who've been involved in auto accidents to seek compensation for their injuries even if they were determined to be partially at fault for the incident. However, if you're a partially at-fault driver, your settlement will be reduced by your assigned percentage of fault. 

Protecting Your Right to Compensation

If you've been injured in a failure to yield accident, you're entitled to several different types of compensation.

  • Medical costs. A personal injury claim can include reimbursement for all accident-treated medical care, including the anticipated cost of future care if you've been left with permanent disabilities as a result of the collision.
  • Lost wages. Injured persons are entitled to reimbursement for lost income during the recovery process as well as any applicable loss of future earning potential if they’re no longer able to work, working fewer hours, or employed in a lower paying occupation due to their injuries.
  • Pain and suffering. This category of non-economic damages attempts to financially reimburse the injured person for both the physical discomfort and emotional trauma associated with the accident.

Neblett, Beard & Arsenault’s legal team is dedicated to helping injured Louisiana residents receive the compensation they need to move forward with their lives after sustaining auto accident injuries. If you've been injured in a failure to yield accident, please contact us to schedule a free, no-obligation case review.

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