Failure to give right of way in Fort Myers, FL, can have very severe consequences. When drivers act negligently and fail to follow the rules of the road, they can cause car accidents, which can threaten someone’s life. Often, drivers fail to yield because they are trying to get somewhere fast, or they are driving distracted; you should not have to pay the price for their recklessness.
When a vehicle does not give right of way, it can confuse other drivers and pedestrians and potentially put their lives at risk as they will be expecting you to yield to them. However, unfortunately, failure to yield is common and can include rolling a stop sign, failing to stop at a crosswalk, running a red light, and making an illegal turn.
If you have been involved in an accident as a result of a driver failing to yield then you could be owed compensation. Contact The Law Place today to receive expert legal advice and dedicated representation from our team possessing a combined 75 years of experience. Our practice areas cover Fort Myers and the whole of Lee County. Contact us today to organize a free consultation with a car accident lawyer at our law firm by calling (941) 444-4444. Our phone lines are open 24/7 for your convenience.
Establishing Who Has Right of Way in Fort Myers
Establishing who was at fault when you have been in an accident is paramount. This is especially important in a failure to yield case as determining who had the right of way is the difference between being liable or not. Florida’s rules of the road outline the following when it comes to who has right of way:
- Drivers who turn left must yield to any approaching vehicles.
- Drivers must always stop at a stop sign or traffic control light before entering an intersection.
- You must give pedestrians right of way at a crosswalk.
- The driver who arrives first at a four-way-stop has the right of way.
- Drivers must always yield to emergency vehicles.
- Drivers approaching a yield sign must slow down and allow any approaching vehicles to have right of way.
- Drivers joining a highway from a driveway or private road must yield to any approaching vehicles.
It is important that drivers adhere to these rules in order to avoid collisions. If a driver breaks these rules and causes you injury or damage to your property, then you should contact The Law Place law firm in Fort Myers today to talk to an attorney about your case.
How Does a Lawyer Prove Who Was at Fault in a Failure to Yield Case?
Here at The Law Place, our priority is to ensure that your case is air-tight and proves that your injuries were sustained as a result of the negligence of the other driver’s failure to yield. In order to build a strong case, your attorney will have to prove the following:
- The other party owed you a duty of care – A driver owes a duty of care to others on the road to yield the right of way if necessary.
- The other party breached their duty of care – The driver did not stop when appropriate, e.g. didn’t stop at the stop sign or went on a red light.
- This breach caused your personal injury – Their failure to yield was the cause of your injuries or property damage.
Although being able to prove the above will certainly help your case, in some cases the other party’s breach does not give you a free pass to winning your case. Car accidents can be the fault of multiple drivers and often, the other party will argue that you or a third-party were partially at fault too. For example, they may say that you were not signaling correctly or were speeding.
In this case, Florida operates under comparative negligence laws, which means that more than one party can be found at fault. As long as you were less than 50% at fault, then you will still receive compensation for the degree at which you were not at fault. So, if you are found to be 20% at fault then your settlement fee will be deducted by 20%. When you explain your case to your attorney at The Law Place, they will be able to determine if you were in any way at fault and will fight to ensure that you are not unfairly deducted compensation.
What Damages Can You Recover Following a Failure to Yield Accident?
There are several different types of damages that you may be able to recover after you have been in an accident in Fort Myers. Here are some of the most common damages we have got our clients compensation for in Fort Myers:
- Medical bills – If you have received a personal injury as a result of the accident and had to receive medical care then you will be able to claim back any costs you encountered. Ensure you keep a record of your bills and follow the full treatment plan given to you. If your injuries are severe and long-term, then you may be entitled to claim for future costs of medical care.
- Loss of wages – If you had to have time off work because of your accident then you may be able to claim for your loss of earnings.
- Pain and suffering – Pain and suffering includes any physical and emotional suffering you encounter following your failure to yield accident. However, it is hard to prove and therefore claim compensation for pain and suffering, so it is important you have an experienced personal injury attorney on your side.
- Property damage – If your vehicle or any other property was damaged as a result of a failure to yield accident, you can claim the costs to replace or repair your property.
- Wrongful death – If you have unfortunately lost a loved one in a failure to yield accident then you can claim for funeral expenses and loss of consortium as per Florida Statute 768.21. A car accident lawyer from The Law Place will be able to talk you through a wrongful death lawsuit and put one forward on your behalf.
Contact a lawyer at The Law Place law firm today and we can begin to evaluate your case and see what your insurance company or the other driver may owe you in terms of compensation.
What Can a Fort Myers Accident Attorney Do for You?
Here at The Law Place, we advise that you hire a reputable law firm that can support you through the tricky process of claiming for a failure to yield case. Evidence shows that in the US, more than 90% of people who choose to have representation will receive a payout, so it’s sensible to have an experienced attorney on your side.
At The Law Place, we work on a contingency basis, which means all successful case fees will be deducted from your final settlement, so we won’t get paid until you do. In the improbable scenario your case does not win, then you will not have to foot the bill for our representation.
The biggest benefit of hiring an attorney is that they will be able to take on all the hard work for you, allowing you to focus on your recovery. Our law firm takes the attorney-client relationship seriously and will ensure you have a stress-free and simple claims process. We know that after suffering from a personal injury, it is vital you focus on your recovery instead of bearing the weight of unnecessary legal burden when we could be taking care of that on your behalf.
Our attorneys possess a wealth of experience so you can leave it to us and be confident that we will be doing all that we can to get the justice you deserve.
Florida’s Statute of Limitations
If you are involved in a car accident caused by another driver failing to yield in Fort Myers, it is vital that you consider seeking representation for your case as soon as possible. In Fort Myers, there is a statute of limitations upon personal injury cases in Florida as per Florida Statute 95.11. This statute states that you have four years from the date of your accident to put forward a claim. If this time elapses, then you will not be able to make a claim and receive the compensation you deserve. In wrongful death cases, this time frame is even shorter, and you must file a lawsuit within two years.
It is also important you seek medical attention as soon as possible. According to Florida Statute 627.736, you must seek medical care within two weeks of the accident. If these two weeks pass, then it will devalue your claim as insurance companies will argue that your injuries must not be serious enough to deserve a payout.
Get in contact with The Law Place in Fort Myers to organize a free case evaluation. Our lawyers are experienced in going up against insurance companies and ensuring our clients get the justice they so rightfully deserve.
Contact The Law Place Today!
If you or a loved one have been involved in a car accident in Fort Myers or the rest of Lee County as a result of a driver failing to yield, then contact The Law Place law firm today. Our law firm possesses over 75 years of combined experience in fighting for justice, so you can be confident that your case is in the best of hands. It is important you have a dedicated lawyer on your side so that you have the best chance of receiving the maximum compensation you are entitled to.
Contact us in Fort Myers today to organize a free consultation with an expert accident attorney. Call us on (941) 444-4444. Our phone lines are open 24/7 for your convenience.