In 2019, 8.4% of fatal car crashes were due to a driver’s failure to yield the right-of-way. A right-of-way error, including failure to stop or yield, increases the risk of a collision.
The evidence you present in discovery and during the trial, plus the extent of your injuries, is crucial in determining the damages you collect. In a failure-to-yield accident, determining fault is usually straightforward. The at-fault vehicle is the one that did not follow failure-to-yield laws.
There are several reasons a case that seems easy to resolve ends up in court. In car accidents, the at-fault driver may fabricate an excuse for not yielding or blame the other driver. Insurance companies dispute the severity of personal injuries and refuse to pay.
Often reaching an out-of-court settlement is better than going through a trial. To learn more about the settlement process, keep reading. We will help you understand what goes into determining a fair settlement.
What Is Failure to Yield?
When a driver fails to yield the right-of-way to another driver, the consequences can be life-altering, including death. It may cause a head-on collision, side-swipe, or broad-side. Pedestrians, bicyclists, or motorcycle riders may suffer severe injuries from the impact.
All drivers must obey traffic signals and rules. Incidents where drivers often fail to yield include:
- Failure to yield at a flashing yellow or red light
- Failure to yield to oncoming traffic when turning left
- Aggressively merging onto the expressway
- Failing to yield to a pedestrian on a crosswalk
- Passing bicyclists and motorcyclists too close, causing an accident
When a driver’s failure to yield results in injury or death, they are liable for damages.
Failure to Yield Laws
Failure to yield law varies from state to state, but requirements are similar. For example, when two vehicles approach an intersection simultaneously from different streets, the driver on the left needs to yield the right-of-way to the driver on the right.
When approaching a stop sign, the vehicle must stop before it enters the crosswalk. If there is no crosswalk, they must stop at the top line. If there is no stop line, then at a spot near the crossing roadway where a clear view of approaching traffic is possible.
When approaching a yield sign, a driver must slow down and yield to any approaching vehicles.
Pedestrians crossing a roadway have the right-of-way. Vehicles must come to a stop and remain stationary until the pedestrian exits the car’s lane. Any other vehicle approaching in another lane is not to overtake or pass the stopped vehicle.
Driver’s turning onto another road must yield the right-of-way to pedestrians crossing the street. Failure to follow the law may result in a catastrophic pedestrian accident.
Insurance Company Settlement Offers
Insurance companies make money by collecting premiums. Whenever they have to pay out on a claim, profits go out the door. They may offer a lowball settlement, hoping you will agree.
If you accept an offer, you forfeit your ability to claim damages comparable to your injuries later. If another driver is responsible for your injuries, only agree to settle once you consult a personal injury attorney.
Drivers in southern California turn to AlphaAccidentLawyers.com for assistance when they suffer personal injuries in an automotive accident. Personal injury car accident lawyers will evaluate the details of the accident and the severity of your injuries to determine whether your settlement offer is fair. If the offer is not comparable, they can assist in negotiating a better settlement or take the matter to trial.
Failure to Yield Settlement Considerations
Fault is a critical factor in determining the amount of a car accident settlement. The party at fault is liable for damages. In many states, contributory negligence impacts the amount a victim receives.
If the victim’s actions contributed to causing the accident, their settlement amount will be reduced by their at-fault percentage.
For example, a court determines a victim’s injuries are worth a $100,000 settlement. They also find that the victim is 25% at fault for the accident. The award is reduced by 25%, and the victim receives $75,000.
The four categories of auto insurance claims are bodily injury, property damage, collision, and comprehensive. Bodily injury claims are the most expensive. The average cost for personal injuries from a car accident is $16,260.
Costs can increase dramatically depending on the extent of injuries. If you require transport by a MedEvac helicopter, the average cost for just the flight ranges from $12,000 to $25,000.
Car Insurance
The amount of liability car insurance a driver has will impact the amount recoverable in a lawsuit. There are also variables depending on whether the accident occurs in an at-fault or no-fault state.
Even if the other driver has a low amount of insurance, an attorney who handles car accident personal injuries may negotiate for a higher settlement amount in a lawsuit. Before pursuing an uncollectible claim, the attorney will likely check on the financial holdings of the at-fault driver.
Severity of Injuries
When determining damages, especially those for pain and suffering, the type and severity of your injuries impact the amount you will receive. A permanently life-altering injury will increase the amount of monetary compensation you receive.
A life-altering injury will permanently impact your daily life. This may be a shorter life expectancy, spinal cord injury, disfigurement, permanent damage to a limb, or brain injury causing impairment. Sometimes this type of injury results in a person needing a part-time or full-time caregiver on a temporary or lifetime basis.
Evidence of Fault
As a petitioner in a car accident claim, you have the burden of proof showing the other driver’s actions caused the accident. The lawsuit must include how that driver’s actions are the reason you suffer injuries. Weak evidence will lower the amount you receive in a trial or settlement.
The burden of proof is typically done by filing a lawsuit claiming negligence. There are four legal elements to proving negligence. These must be in the complaint; failure to include all elements may result in the dismissal of your claim.
- The defendant’s duty to operate their vehicle in a careful and prudent manner
- The defendant’s breach of duty by failing to yield
- The defendant’s negligence is the direct and proximate cause of the plaintiff’s injuries
- That due to the defendant’s negligence, the plaintiff is suffering damages
The attorney will then list the damages, not a specific amount. They will request compensation of a minimum amount, leaving the jury the ability to increase the award.
The lawsuit ends with prayers for relief. This is where the plaintiff requests the defendant be found liable for the accident and ordered to pay compensation.
Out-of-Pocket Costs
Out-of-pocket expenses are provable monetary damages, such as medical care costs, which are generally reimbursable. A settlement may include ongoing coverage for future medical expenses related to the accident.
You may also receive lost wages and expenses for things you are unable to do while recovering, which include the following:
- Modifications necessary to your home or vehicle because of impairment
- Over-the-counter and prescription medication
- Travel expenses between home and medical appointments
- Assistance with personal care
- Help with household chores, including meal preparation, cleaning, and laundry
By keeping copies of all expenses, you help prove your case and need for financial reimbursement.
Return to Work
While you are recovering, you may collect reimbursement for loss of income. Once you return to work, this form of unemployment wages ends.
Suppose your injuries are so severe that you can never resume employment. In that case, you may receive compensation for the loss of future wages.
It is also possible to receive compensation for a diminished ability to earn. This happens if you can work but perform at a lower level than before the accident, reducing your earning capacity.
Medical Expenses
Medical expenses are financially debilitating to a victim suffering severe physical injuries in an auto or auto-pedestrian accident. Insurance companies try to undervalue medical expenses to lower their out-of-pocket costs.
Your auto accident attorney knows to evaluate your current and possible future medical expenses. Part of this involves your attorney obtaining a long-term prognosis from your medical provider on your likelihood of a full recovery.
Cooperation of Other Party
Some insurance companies and defense attorneys are more cooperative than others. If the parties cannot settle, the plaintiff must accept a lower compensation amount, or the case goes to trial.
Your lawyer can estimate your chances of receiving a higher compensation amount at trial. Carefully consider the difference between a potential trial award and a settlement amount.
When evaluating the differences, consider the attorney’s contingency fee and other expenses being paid from the settlement. The cost of a trial will increase attorney fees and other out-of-court preparation expenses. This may include expert witness fees, deposition costs, and more.
Legal Counsel
One major factor in obtaining a fair and comparable personal injury settlement in a failure-to-yield car accident case is whether you have an attorney. Insurance companies act like your friend while taking advantage of your lack of legal knowledge.
Legal counsel will make sure you receive compensation comparable to your injuries. This includes all the “extras,” including lost wages and alternative services compensation.
Gaining Knowledge
If you enjoyed learning about failure to yield accident settlement factors, we encourage you to check out other articles on our website. Reading builds knowledge, and you never know when the information gained can be put to good use in your everyday life.