Tampa Failure to Yield Accident Lawyers
Car accidents can be a harrowing experience. Besides the psychological trauma that can occur, there are a lot of logistical matters that you are expected to handle. On top of all of that, you may have sustained injuries and might be wondering how you are supposed to afford treatment for those injuries.
A Tampa failure to yield accident lawyer can help you make sense of what can be an overwhelming situation. A capable car accident attorney can speak to the insurance company on your behalf, investigate your claim, build your personal injury claim, and fight for justice for you. If you have been involved in a failure to yield car accident, speak to a legal advocate that can devote the time and resources necessary to build your case.
Failure to Yield Accidents and the Importance of the Right of Way
Failure to yield is statutory and based on the traffic regulations. It occurs when a driver has a sign or obligation to yield to oncoming traffic and instead of yielding, the person ignores the sign, regulation, or ordinance and drives forward, causing an accident with someone who has the right of way.
In Florida, the right of way is all statutory-based. There are traffic regulations and traffic ordinances that, depending on the situation, indicate whether an individual driver has the right of way. The best example is a red light. When a person’s light is red, they do not have the right of way. When it is green, the person does.
With a four-way stop in Florida, the person who was there first goes first. Right of way depends on the circumstances in the area but, in general, it is based on statutes. The intricacies of failure to yield accidents can be difficult to navigate alone which is why it is important to consult a Tampa failure to yield accident lawyer.
Common Fact Patterns
Tampa has many merging lanes and merging traffic. Some of the most common are individuals exiting off of state roads such as I-75 onto State Road 56 near the outlet malls and merging onto State Road 54 from the interstate. There is no clear designation as far as should the person stop or yield and how fast the person should go.
Many times traffic tries to beat the other traffic to the stop or people are not paying attention because they change lanes so quickly. The driver does not fully understand the area they are in, the speed of the traffic that has the right of way, the level of traffic, and the distance between the vehicles. That tends to result in a sideswipe or an accident under those scenarios.
Identifying Fault in Failure to Yield Cases
Many times in failure to yield cases, it is not as clear as to who had the right of way or who was responsible for yielding. There are certian questions a Tampa failure to yield accident lawyer might ask when trying to identify fault. Such as:
- When a person is moving into traffic, was the other car bearing down on the person?
- Did they give the person enough room?
- Should they have given the person room?
- Did the person come over to the lane too quickly?
- Did the person have the blinker on?
It is often a he-said, she-said situation without many witnesses. Sometimes, significant damage to the vehicle and a thorough crash analysis can provide some idea of who was at fault.
Liability could be affected based on where the accident occurred and whether there was a definite duty on behalf of one driver to stop, yield, or to wait their turn. Whenever there is an accident, it is important to identify what each driver was doing at the time of the accident to determine who erred. Driving distracted, use of a cellphone while driving, and violation of traffic laws can be useful in determining liability.
How Insurance Companies Handle Failure to Yield Cases
With a failure to yield, the insurance company generally looks at all of the facts surrounding the collision including where the collision took place. They take statements from the police officer, drivers, passengers, and witnesses. They try to build a case to show that their insured did nothing wrong and the accident was the other driver’s fault for not paying attention, for crossing over the lane or violating the right of way.
Insurance companies treat a failure to yield accident like any other accident. Generally, failure to yield accidents are less severe depending on the circumstances and the speed of the cars. The insurance adjuster investigates the accident to pick up facts and develop facts and evidence that can help support them in denying a claim or paying as little as possible. A Tampa failure to yield accident lawyer can work individuals in an attempt to ensure that the insurance company cooperates with the injured party/driver.
How an Attorney Can Help With the Investigation of a Case
One of the most important things a Tampa failure to yield accident lawyer can do when investigating a failure to yield case is to go to the area and look at it. They can look for video cameras set up in businesses, in parking lots, or facing the interstate that may have captured the accident. The attorney can obtain plans of when the intersection was made to understand the intent of the engineers.
A legal advocate can identify the traffic signs posted in the area, determine if there were other accidents in the same spot, and the reasons for those other accidents. The attorney can talk to the police officer who wrote the citation. They can survey the scene, look at the damage to the vehicles, and obtain cellphone records to figure what happened on that day at that time.
If you have been involved in an accident, you should try to work with an attorney with resources and experience. Working with a lawyer that is well-known in the area by the adjusters, the police, and by the businesses, can help you get results in a timely manner. Consult a skilled Tampa lawyer and know that you are in capable hands.