Failing to yield to another vehicle can often result in an accident. Depending on factors such as the size and type of vehicle involved, these wrecks often lead to injuries and property damage.
Many failure to yield accidents are caused by driver negligence. If you or your loved one have sustained injuries or property damage from a failure to yield car accident in Iberville Parish, you will likely have a valid lawsuit to recover compensation. The well-versed auto collision attorneys at Tomeny | Best could investigate the cause of your wreck to help you understand your available legal options.
Causes of Failure to Yield Accidents
The state has several traffic laws addressing when drivers must yield to other motorists or pedestrians. According to La. Civ. Code Ann. § 32:122, drivers seeking to turn left at an intersection must yield to oncoming vehicles that are in the intersection or close enough to present an immediate hazard.
If two vehicles are approaching an intersection simultaneously, La. Civ. Code Ann. § 32:121 provides that the vehicle on the left shall yield the right of way to the vehicle on the right. La. Civ. Code Ann. § 32:123 further provides that drivers approaching an intersection must obey stop or yield signs and yield the right of way to vehicles or pedestrians in the intersection or crosswalk.
Despite these regulations, failure to yield accidents can often occur in Iberville Parish when automobile drivers do not obey these traffic laws. A range of behaviors can lead to drivers disobeying state laws on yielding, such as:
- Speeding
- Reckless driving
- Distracted driving
- Driving while fatigued
- Driving while impaired by alcohol or drugs
- Texting or talking on the phone while driving
Aside from negligent actions by drivers, uncontrollable factors like bad weather conditions can cause a driver to disobey yield or stop signs.
Proving Negligence For Failure To Yield
Since many failure to yield accidents in Iberville Parish are caused by driver negligence, a person injured in this type of crash should consider filing a lawsuit. Even though drivers are required to have insurance, the proceeds from an insurance payout may not adequately compensate a person for their injuries and property damage.
The injured person must first prove that the allegedly negligent driver breached the duty of care owed to other motorists. If a driver caused an accident by disregarding a stop or yield sign, this can help establish a breach of reasonable care.
An attorney can advise them on the relevant evidence to prove that a defendant failed to follow traffic laws, including:
- Police reports
- Medical reports
- Cell phone records
- Accident scene photos
- Records or receipts of property damage
- Surveillance or dashboard camera footage
- Witness statements or eyewitness testimony
- Expert reports analyzing the accident scene, such as skid marks
A successful negligence suit can allow a person to recover both special and general damages. Special damages include losses, such as hospital bills, medical expenses, and lost wages. General damages, which are harder to quantify, include emotional distress, mental anguish, or pain and suffering.
An Injured Person’s Negligence Can Limit Damages
Many car accidents involving a failure to yield in Iberville Parish happen because more than one driver believes they have the right of way. It is important to understand that an injured party can still recover damages even when their negligence contributed to the accident.
The state follows the doctrine of pure comparative negligence under La. Civ. Code Ann. § 2323, which limits an injured party’s recoverable damages if their own negligence contributed to the accident. Courts will typically assign a percentage of fault to each party allegedly contributing to the accident. If an injured person is found negligent, the court will reduce their damages in proportion to their percentage of fault. For example, if they seek $100,000 in damages and were found 50 percent negligent, they can only recover up to $50,000.
Ask an Iberville Parish Lawyer About Your Legal Options for a Failure to Yield Crash Today
If you were involved in a failure to yield car accident in Iberville Parish, you should immediately consult with a lawyer from Tomeny | Best. Because the state imposes a statute of limitations on personal injury claims, you could lose your claim if it is not filed in a timely manner.
A well-versed lawyer could help you navigate the state’s complex legal system and fight on your behalf in the courtroom. Contact our firm today for a free consultation.
