Car accidents occur for a number of reasons – and failure to yield to oncoming traffic is one of them. Failure to yield cases can be tricky to navigate. A failure to yield accident may lead to the question as to if the driver was supposed to yield, or whether they actually did or not. It is also common for multiple parties to be at fault in a failure to yield accident.
What Is a Failure to Yield Accident?
A failure to yield accident occurs when one driver, who is supposed to yield does not, causing another driver to be in a collision. New Jersey laws require that drivers yield during situations, like:
- When two drivers enter an intersection at the same time, the left vehicle should yield to the right of way of the driver on the right.
- When there are multiple drivers at an intersection and one driver wants to turn left, they must yield to drivers in the opposite direction.
- Even if the left-handing person is clear to go after yielding, they must pay attention to drivers coming from the opposite direction.
- When a driver is turning right, they should yield first and then make the turn as close to the right-hand curb as possible.
When drivers don’t follow these, or other, state laws, they may be considered negligent. This could lead to a car accident and some drivers may be injured.
Proving Liability in a Failure to Yield Case
Proving liability is an important part of car accident cases. However, it is also more difficult to prove a failure to yield than when compared to other types of accidents. This is because when a driver fails to yield, it is usually another driver that runs into them. Many drivers assume that if someone else hit them, then that person must be at fault. This is not always the case but can be more difficult to prove.
What Is Comparative Negligence?
Comparative negligence is often a part of the failure to yield cases. New Jersey follows comparative negligence laws. This means that it is possible for more than one driver to be at fault. In the case of a failure to yield case, the court may assign partial fault to both drivers.
What to Do Following a Failure to Yield Accident
If you expect another driver to yield and they don’t, causing you to slam into them, it is important to take certain steps:
- Receive immediate medical care
- Notify the police and explain the situation
- Take photographs of the scene of the accident
- Reach out to a lawyer
While a car accident lawyer is not always needed when navigating a car accident, working with one may be beneficial in a failure to yield case. Proving liability that the other driver didn’t yield when they were supposed to often requires careful investigation. It is unlikely that the other driver will admit their wrongdoing.
They may also try to claim that you were more at fault than you were. Our goal is to find out what happened and prove it while getting you the compensation you need.
Contact a Howell Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a failure to yield in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi and Lombardi, P.A. represent clients injured because of a failure to yield car accident in Howell, Middletown, Toms River, Freehold, and throughout New Jersey. Call (732) 906-1500 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 1862 Oak Tree Road, Edison, NJ 08820, as well as offices in Brick, Freehold, and Point Pleasant Beach, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.