As defined by Aurora law, failure to yield is most often seen when someone is turning left at a stoplight in front of oncoming traffic. There is a failure to yield the right of way to oncoming traffic. This type of collision is not often seen with lane merges, for example, but that is not as common as turning left in front of oncoming traffic.
If you have been harmed in a collision at an intersection, contact an Aurora failure to yield accident lawyer about how to proceed with your case. A distinguished car accident attorney can help you determine fault in your case. En Español.
Identifying Fault for Intersection Collisions
It can be very difficult to determine fault in an Aurora failure to yield accident, especially at intersections controlled by traffic signals. When both parties insist that they have the yellow light or simply go through the intersection on a yellow light, technically they both have the right to either complete their turn or to complete their path through the intersection. That can be very difficult when there are conflicting statements about who did and did not have the right of way.
Fact Patterns Surrounding Failure to Yield Scenarios
The most common is turning left in front of oncoming traffic. The second most common would be someone a stop sign pulls out in front of street traffic that does not have a stop sign or a traffic signal. Someone who is going straight always has the right of way versus someone who is making a turn. If someone does not have their traffic signal on or obey a stop sign, they have the right of way in an intersection, whereas someone who has a stoplight or a stop sign has to yield through traffic. Very often there are traffic signals that are involved or contributing to the accident.
Understanding the Role of Liability
If the at-fault driver claims that they had the right of way and the person was making a left turn, the plaintiff or the driver going through the intersection could have made a quick evasive nature that some comparative fault could be placed on the plaintiff if there was an opportunity to avoid the accident. That is the same with speeding. If someone is speeding and that can be established, fault or a portion of fault would be transferred to the plaintiff.
How do Insurance Companies Treat Failure to Yield Crashes?
Insurance companies will always try to put blame on the plaintiff. They often claim that it is their failure to avoid the accident by not swerving or not slamming on their brake. One question an insurance company will ask a plaintiff is when they first saw the at-fault driver making a turn. If the plaintiff never sees the defendant before the impact, then where were they looking or why were they not aware of their surroundings. Insurance companies will try to put some fault on the plaintiff for not seeing an impact.
Benefit of Evidence from the Scene
It is important to take pictures and to become very familiar with the intersection or the scene of the accident. It is important to note if there are traffic-controlled devices, cameras, or any sort of obstruction like construction combs, a tree, or a bush that may have impacted the individual’s ability to see the defendant or vice versa.
It is important to look at the scene of the accident, especially when it happened, and to nail down independent witness statements or gather the investigative files of the police department.
Investigating the scene, investigating independent witness statements, gathering the police department investigative files is a lot for one person to do. A paralegal, intern, or legal assistant can cover a lot of ground whereas a solo practitioner is going to be limited to time and probably just the ability of humans to get out there and work. Therefore, it can be considered critical to speak with an Aurora failure to yield accident lawyer about your case.