In Toronto, failure to yield is generally failing to yield the right of way. Most people familiar with operating a vehicle appreciate that there are certain rules of the road that afford one driver the right of way, just as it affords pedestrians the right of way at a crosswalk.
Failing to yield often occurs at intersections where a driver with a green light, by law or according to the rules of the road, can safely proceed through an intersection. When someone makes a left-hand turn or fails to stop at a stop sign or red light, they failed to yield to the oncoming traffic which can cause an accident.
When someone fails to yield in Toronto, they fail to follow the rules of the road and/or fail to allow the other driver a safe opportunity to pass. Any person who has suffered from an accident, should contact an accident lawyer immediately. A Toronto failure to yield lawyer can work hard to fight for their client’s rights to compensation.
Failure to Yield Cases
Often in failure to yield accident cases in Toronto, there is competing evidence about whether or not the person who went through the intersection and made the left-hand turn did so in safety. There can be some disagreement from the parties involved in the accident about who had the right of way.
The person going through the intersection states they had the green light but the person making a left-hand turn said the other driver had a red light and their light was changing from amber to red and they had to clear the intersection. They expected the other driver to yield or stop and that driver ran the red light. Those are examples disputes as to who is at fault which makes it difficult for lawyers and insurance companies to assign fault and/or liability.
In all personal injury litigation, the credibility of the plaintiff and/or the parties comes into play, as well as any independent witnesses surrounding the accident to contribute evidence to substantiate one sequence of events rather than another.