Failure to Yield Accidents

Under California law, there are a number of rules about rights of way. Drivers must always yield to pedestrians in crosswalks, even if there is no traffic light with a walk sign. Pedestrians always have the right of way in crosswalks, and a driver's failure to yield can result in serious consequences. Whoever arrives first at an uncontrolled intersection has the right of way. If you arrive after another vehicle or pedestrian in an intersection, you need to allow them to proceed. If you arrive at the same time as another vehicle or pedestrian, you have to yield to the person on the right. On a mountain road, the motorist going uphill has the right of way. If you are hurt in a failure to yield accident, the experienced Los Angeles car accident lawyers of Sharifi Firm, APC can represent you in your lawsuit for damages.

Where right of way is designated by statute, and a driver that is supposed to yield fails to do so, the doctrine of negligence per se may apply. Under negligence per se, there is a rebuttable presumption of negligence where (1) a safety statute or regulation governs the behavior at issue, (2) the defendant violated the safety statute or regulation, (3) the violation is the proximate cause of the plaintiff's injuries and (4) the plaintiff is a member of the class to be protected by the safety statute or regulation. This means that negligence can be assumed rather than proven where those elements are shown. In general the doctrine of negligence per se makes it easier for a plaintiff to recover.

Like an ordinary negligence lawsuit, you can recover all damages that will compensate you for your injuries in a case where negligence is presumed due to negligence per se. Damages vary from case to case depending on the individuals involved in the failure to yield accident.

Suppose, for example, you and another car arrive at an intersection at the same time and you are at the right. The other driver is not aware of the rule that you have the right of way and so you both proceed at the same time into the intersection, and your car is T-boned by the other car, resulting in catastrophic injuries to you.

In your lawsuit for compensation, your attorney will collect information about all the things you were able to do before the lawsuit that you can no longer do or enjoy. For example, perhaps you used to play basketball with friends every day after work, helped out around the house, and gave your children piggyback rides. After being T-boned, you have constant back pain and fractured bones in your back and leg that make it impossible to enjoy these activities. The jury will look at the seriousness of the accident and consider your testimony in determining the amount of general damages to award.

A failure to yield accident can have serious consequences for other drivers or pedestrians. If you are hurt in an auto collision arising from a driver’s failure to yield in Los Angeles, our attorneys can bring a lawsuit on your behalf. Contact us at (866) 422-7222 or via our online form for a free, no-obligation consultation. We also represent clients in Riverside, Rancho Cucamonga, and Temecula.