A failure to yield arises in any situation where there is an interference by one driver with the right of way of another. Incidents can occur in spite of traffic signs and signals present in a failure to yield situation, but they do not have to be present.
For instance, if a driver exits a driveway and it interferes with the right of way of oncoming traffic, that would constitute a failure to yield.
A Barrie failure to yield accident lawyer is a knowledgeable resource on these matters. An experienced car crash lawyer is well-versed on the topic and can offer sound legal advice for someone who has been affected by an accident involving a failure to yield.
What Constitutes Right of Way?
There are several situations that would give someone the right of way.
A driver with a green light has the right of way versus a driver with a red light. A driver on a main road without a stop sign at an intersection with a side road has the right of way versus the driver on the side road with a stop sign.
There are other situations as well – consult with a Barrie failure to yield accident lawyer for more information.
Complications in Identifying Fault
Complications in failure to yield cases can occur in accidents at intersections governed by stop signs or traffic lights where the parties report different versions of events as to who arrived first at the intersection or who had the green light.
Common fact patterns include a driver coming out of the driveway and blocking traffic or a left-turning driver blocking the path of a driver with a green light heading straight through an intersection.
Every case is different, so talk to a Barrie failure to yield accident lawyer to learn more.
The assessment of liability in a failure to yield situation will depend on the circumstances.
If a person has a green light and was simply obeying the law and proceeding through an intersection, whereas the other person had a red and there are witnesses, liability can become a very straightforward assessment.
In a more complicated situation where both drivers claim to have a green light, it can create a more difficult liability situation which will then depend on whether there were any witnesses and depend on the credibility of the parties when they give evidence as to how the accident happened.
Insurance Companies and Failure to Yield Accidents
How insurance companies treat failure to yield accidents would depend on how clear the liability situation in a failure to yield incident. If it can be easily established that the plaintiff had the right of way, for instance, if the plaintiff had a green light and the other driver had the red, then that would be a claim that would be easier resolve with an insurance company.
However, a case where both parties claim to have the right of way with no clear evidence of either can be a more difficult situation to navigate with regards to an insurance company.
How a Barrie Failure to Yield Accident Lawyer Can Help
A Barrie failure to yield accident lawyer can help you with preparation.
A competent lawyer’s investigation would include collecting the police file, obtaining witness statements, and finding any video evidence that might be present. Consult with a lawyer today to see how they can assist you with a failure to yield accident.