It is possible for a driver, passenger, cyclist, or pedestrian to all be injured or even killed if a driver fails to yield the right of way. Failure to yield can be categorized by failing to stop at a crosswalk, rolling a stop sign, making an illegal turn, running a red light, etc. In the State of Florida, failing to yield the right of way is one of the most common causes of car or truck accidents. If a driver is behaving negligently by ignoring the rules of the road, they put many other people’s lives at risk.
If you have been involved in an auto accident caused by another driver failing to yield, then you could be entitled to compensation. Here at The Law Place, we recognize that money will not fix your injuries or bring back a loved one, but it is a good step towards recovery. Our law firm boasts 75 years of combined experience in dealing with cases such as your own, and many of our accident lawyers are AVVO 10.0 rated, so you can be confident your case is in good hands.
Contact our Bradenton, FL., law firm today to schedule a free consultation with an accident attorney on our team to see what we can do for you. Call us using our toll-free number, (941) 444-4444. Phone lines are open 24/7.
Who Has the Right of Way on the Road?
If you or somebody you know has been involved in a car accident because of somebody failing to yield, then it is vital you can prove you were not at fault. In order to determine who had the right of way, Florida uses the following rules:
- Drivers are required to stop at a traffic control light or stop sign before entering an intersection.
- Drivers that are turning left must yield to the right of way to any approaching vehicles.
- Pedestrians have the right of way at a crosswalk, so drivers must stop.
- Drivers must yield to emergency vehicles.
- If at a four-way stop, the driver who arrived first has the right of way.
- A driver approaching a yield sign must slow down and allow any vehicles that are approaching to have the right of way.
- Drivers joining the highway from a private road or driveway must yield to any approaching vehicles.
If a driver broke any of these rules and then caused an accident whereby you were injured or sustained damage to your vehicle, then contact The Law Place today to talk to an experienced truck accident lawyer.
Common Injuries Following a Failure to Yield Accident
Any type of truck accident, especially one involving a failure to yield, can be very serious, and it is sadly unavoidable that those involved may be injured. Common injuries reported following these truck accidents include (but are not limited to):
- Traumatic brain injuries.
- Spinal cord injury.
- Cuts, scrapes, and bruises.
- Burns to the skin.
- Loss of limbs.
- Organ damage.
- Internal bleeding.
- Fractured, crushed, or broken bones.
No matter what specific injuries you have sustained because of somebody failing to yield, as long as they were not your fault, you could be owed compensation. Call The Law Place today to see if you have a strong case.
Damages You Can Recover Following a Failure to Yield Truck Accident
Car accidents involving a failure to yield can cause serious consequences, so it is likely that you will be owed a range of damages following such a collision by the relevant insurance company, trucking company, or/and truck driver. Common examples include:
- Medical bills – It is likely that after a truck accident, you will have sustained some injuries that require professional medical attention. For any medical expenses, you encounter you should be able to claim back these costs in your final settlement. You must keep a record of these bills to include them. Similarly, if your injuries are long-lasting and require ongoing costs, these could also be included in your settlement amount.
- Lost wages – If you have had to have time off work because of physical and emotional distress resulting from your truck accident, you will be able to claim back these lost wages. If you are unable to return to work or have to change your profession, you could also claim a loss of earning potential.
- Pain and suffering – Pain and suffering include any form of physical and emotional suffering as well as a loss of enjoyment in life, e.g., being unable to play an instrument you once did regularly before your accident. It is, however, hard to prove and provide evidence for, so it is best to have a personal injury lawyer on your side who knows how to ensure you are correctly compensated.
- Property damage – If your vehicle has been damaged, then any repair or replacement costs can be included in your final settlement value. But keep any bills as evidence to ensure they are!
- Wrongful death – If you have unfortunately lost a loved one in a truck accident caused by a failure to yield, you will be able to file a wrongful death lawsuit as per Florida Statute 768.21. A settlement from this kind of lawsuit will include any funeral expenses as well as any loss of consortium.
If you believe you could be owed any of these damages following a car or truck accident, contact a truck accident lawyer at The Law Place today to schedule a free case evaluation.
How Do You Prove Who Was at Fault in a Failure to Yield Case?
So that you can prove you have sustained injuries or property damage because of another driver’s negligence, your personal injury lawyers at The Law Place will build up evidence to ensure fault is placed with the correct guilty party. Your injury lawyers will have to prove the following:
- The other driver owed you a duty of care – All drivers in Florida owe a duty of care to behave as a reasonable person would. In this case, it means they must appropriately yield the right of way where necessary.
- The other party breached their duty of care – Which would mean they actively failed to yield the right of way, e.g., didn’t stop for a red light.
- This breach caused your suffering – The breach had to have caused any property damage or injuries.
If your truck accident lawyer succeeds in proving these three points, then the accused will be found at fault and thus could be liable to pay any expenses not covered by your PIP insurance.
Comparative Negligence Laws in Florida
Florida Statute 768.81 outlines the strict comparative negligence laws that the State of Florida abides by. Comparative negligence means that the law will consider the element of fault to be the very central part of any failure to yield accident case. The courts will decide upon liability and then award a suitable settlement that reflects the rules of comparative negligence. Comparative negligence, in terms of your car or truck accident lawsuit, means that the Judge presiding over your case will reduce how much compensation you receive based on how much of the fault was proven to be your own. As long as this is below 50%, you can still receive compensation.
For example, if your truck accident was mostly caused by the other driver demonstrating a failure to yield, but you were also proven to be slightly over the speed limit at the time, then the Judge may reduce your settlement by 10%. This reduction reflects your own liability in causing an accident.
A truck accident lawyer at The Law Place will be able to conduct a thorough investigation to ensure that you are compensated with a reasonable settlement amount as calculated using the rules of comparative negligence. Call our law firm today to learn more about what our accident lawyers can do for you after a failure to yield accident.
No-Fault Laws in Florida
Florida Statute 627.7407 outlines all of the necessary information regarding No-Fault laws in the State of Florida. No-Fault laws will mean that if you have been involved in a car or truck accident, then all of the parties involved must rely on their own auto insurance companies when they make a claim. This is regardless of who is proven to be at fault for the accident. In order to cover these claims, all drivers in Florida are required to have Personal Injury Protection (PIP) Insurance within their own auto insurance policy.
PIP insurance will cover any lost wages and medical expenses following your car or truck accident, as well as any other expenses you have incurred because of your crash (e.g., if you had to pay for childcare whilst in the hospital). However, it is important to remember PIP insurance does have a threshold. If the costs you wish to claim back go over a certain amount covered by PIP insurance, then you may be required to file a separate lawsuit against the at-fault driver to make up the gap.
The Clock Is Ticking on Your Car Accident Case!
If you or a loved one have recently been injured in an accident caused by a failure to yield, then it is vital you act quickly and hire an accident attorney as soon as possible. Florida Statute 95.11 outlines that in the State of Florida, there is a very strict time limit on how long your case will have before it will no longer be heard in court. The statute of limitations means that after truck accidents in Florida, those involved will only have four years from the date of the collision to present their case to court. If this time elapses, your case will be permanently barred with means that you will be unable to receive compensation that you would otherwise be entitled to. If you have sadly lost a family member in a failure to yield accident, then the statute of limitations for filing a wrongful death lawsuit is reduced further down to two years from the date of the accident.
In addition to the statute of limitations, Florida Statute 627.736 also outlines that accident victims are required to seek medical attention within two weeks of a failure to yield accident. Even if you do believe yourself to be well, there is always a possibility that you have sustained an injury that is not visible, e.g., trauma to the brain or internal bleeding.
As well as being for your own wellbeing, this statute is also in place for insurance purposes. If the two weeks elapse following your crash, then the insurance companies working on your settlement can use this fact to devalue your settlement or completely disregard it. Sadly, in the eyes of an insurance company, it can be argued your injuries are not severe enough to be compensated as you did not require medical care. If you are worried about not being able to afford a hospital visit, you should always go as these costs can be redeemed in your settlement.
Contact the accident lawyers at The Law Place to ensure that all of the necessary deadlines in your case are met so that you can receive the full settlement amount you are owed.
What Can a Florida Personal Injury Lawyer Do for Me?
It is always best to have an experienced truck accident lawyer on your side following a collision due to the experience and knowledge they possess. Evidence has shown that over 90% of people in the United States who have representation receive a payout, whereas only 50% of cases without legal representation are awarded compensation.
If you have financial concerns that are preventing you from hiring a personal injury lawyer, then do not worry. The Law Place operates on a contingency basis. This means that with any successful case, the legal fees will be deducted from your final settlement amount. Meaning you will have nothing to pay upfront. In the improbable scenario that your case is not successful, then you will not owe us anything at all.
Furthermore, a lawyer from The Law Place will be able to take on all the hard work for you. Our team will continuously try our absolute hardest to make sure you have the most simple and stress-free claims process by handling any of the legal stress. It is a priority that you focus solely on your recovery and should avoid any added upset that a legal battle could otherwise place upon you if you didn’t have representation.
Call an Accident Lawyer at The Law Place Today!
If you or a loved one have been injured because of another driver failing to yield and causing an accident get in contact with The Law Place today! Our law firm boasts 75 years of combined experience in dealing with cases such as your own, and many are AVVO 10.0 rated, so you can be confident your case is being well handled. Accidents of this degree can completely uproot your life, so it is not fair that you are not compensated for your suffering. Our lawyers will fight tirelessly to get you a settlement you deserve so that you can hopefully start moving onto the road of recovery.
Contact us today to organize a free consultation with an experienced attorney on our team so that you can gain a better idea of what we can do for you as well as learning more about the legalities surrounding your case. Call our law firm on (941) 444-4444. Phone lines are open 24 hours a day, 7 days a week.