Negligence in Failure to Yield Car Accidents
The open road certainly can be a dangerous place as nearly 40,000 people lose their lives in auto accidents every year in the United States. Unsafe driving behavior can take many forms, but one of the most frequent causes of motor vehicle accidents is failure to yield. A failure to yield accident occurs when a driver is under a legal obligation to yield the right of way to others but fails to do so, causing a collision.
There are various situations in which the operator of a motor vehicle is required to yield to other motorists and users of the road. For example, a failure to yield car accident can happen when a driver:
- Fails to obey a flashing yellow or red traffic light, or fails to obey a yield sign.
- Attempts to make a left turn through an intersection but does not yield to oncoming traffic traveling in the opposite direction.
- Is overly aggressive while merging onto a highway.
- Does not yield the right of way to a pedestrian using a crosswalk.
Determining fault in a car accident involving a driver’s failure to yield is a highly fact-specific inquiry that generally boils down to a close examination of the available evidence. That evidence can include photos of damage to vehicles involved, photos of the scene including the roadway configuration, surveillance video from homes, businesses, or the government, witness statements, and police investigative reports.
If you’ve been injured in a failure to yield car accident, the most important thing to do is to promptly seek medical evaluation and treatment. In more serious accidents, acute injuries can be life threatening. But there may also be hidden injuries that may not be immediately evident, including serious injuries like brain injury or back injuries. Medical doctors can evaluate your condition and provide treatment recommendations.
Someone who has been badly injured in a failure to yield auto accident may be able to recover both economic and noneconomic damages from the person who caused the accident.
What is the difference between the two? Economic damages are specific and measurable economic losses, such as past and future medical bills, prescription medication costs, past and future lost earnings, out-of-pocket costs, and property damage repair costs, to name a few.
Noneconomic damages, by contrast, are designed to compensate for losses that aren’t as readily calculable. Noneconomic damages encompass compensation for things like emotional distress, pain and suffering, and other losses. In Colorado, noneconomic damages are capped by statute at a certain amount in personal injury civil actions.
A third category of damages are available in Colorado: damages for permanent physical impairment and disfigurement. These damages are available to a plaintiff who has suffered permanent injury. Separate from noneconomic damages, permanent physical impairment and disfigurement damages are not capped in Colorado.
Whalen Hersh – Your Colorado Injury Lawyers
One of the most important steps that you can take in the immediate aftermath of a serious auto accident is to explore your legal options with the help of an experienced auto accident attorney. Whalen Hersh is an award-winning Colorado law firm that exclusively represents personal injury plaintiffs against insurance companies and corporations. Our lawyers – Reeves D. Whalen and Graham D. Hersh – are accomplished litigators who have recovered over $25,000,000 for their clients in the form of settlement agreements and court judgments.
It will be our pleasure at Whalen Hersh to evaluate the circumstances of your auto accident and discuss your legal options. Should we decide to work together, our legal team will vigorously pursue all avenues of financial compensation to which you might be entitled.