Failure to yield accidents are a common occurrence on roads everywhere. It is one of the most common contributing circumstances that are cited in police reports. However, this accident is difficult to obtain compensation for without the help of a professional attorney. Depending on the level of ambiguity regarding who is at-fault for an accident, victims may have a tough time proving their claim for damages.
If you have been injured in this type of accident and would like to hold the at-fault party accountable, call a Chesterfield failure to yield accident lawyer today.
A person has the right-of-way when they are the first to arrive at an intersection, trying to merge onto a highway from an entry lap, or crossing the street as indicated by the traffic light, etc. When an opposing driver does not yield to the driver who has the right-of-way, and an accidents occurs as a result, the victim may be able to file a claim for damages. These types of accidents are becoming more common since people have resorted to walking and biking as a result of the pandemic.
Proving fault in a failure to yield accident is a difficult task. For example, at a four-way stop, it would be difficult to establish who had the right-of-way based on the opinion of the drivers involved. The most effective way in establishing liability in this scenario is by collecting the testimony of nearby witnesses. If the victim is able to have a neutral party identify the defendant as the driver at-fault for the accident, they may be able to file successful claim for compensation.
If there were no witnesses around, victims can try to find any video surveillance documenting the events of the crash. This type of evidence is almost irrefutable in an injury case. Victims can also look at the police report and cite the opinion of the police report as evidence in a case. For example, if the opposing driver was a teenager, law enforcement may come to a determination that the teenager is most likely at-fault since they are not experienced drivers.
Since liability is not always clear in these types of cases, insurance companies will take advantage of the lack of clarity and refuse to compensate the victim for the amount they deserve. In addition, insurance companies will usually defend the side of their customer. For example, if the police report has their insured driver as the party at-fault but the at-fault driver is claiming that they bear no responsibility, their insurer will side with their insured driver in order to reduce the amount of liability. As a result, some cases may end with the both parties splitting liability.
There are several benefits of hiring professional legal counsel to bolster to solidity of your claim. First, an attorney who has experience working with these types of cases will be able to leverage their knowledge in your favor by helping you collect evidence, interviewing witnesses, and advocating on your behalf when negotiating any potential settlement offers. To learn more about how a Chesterfield failure to yield accident lawyer could be of value to your case, call today to schedule a consultation.