As a road user in Orlando, you put a certain amount of trust in other drivers and expect them to adhere to the rules of the road, particularly the regulations governing the right of way and when to yield. When a driver fails to yield the legal right of way, this unexpected behavior can often surprise other road users and lead to serious collisions.
A car accident injury can be devastating for a victim and their family. Often requiring considerable medical care and time out of your daily life, including work, to recover fully. In serious cases, a full recovery may not be possible and a victim’s way of life could be permanently changed by their injuries.
Financial compensation will never heal the injuries and trauma you have suffered in a failure to yield accident. However, it can be beneficial to support you and your family in the aftermath of the accident A claim also allows you to seek justice for the careless behavior that caused your injuries.
Through a failure to yield accident personal injury lawsuit, victims and their families may be able to recover compensation for damages such as lost wages and reduced future earning capacity, medical bills, future anticipated healthcare, and the emotional distress of the ordeal.
The Law Place Car Accident Attorneys
The Law Place is a leading Orlando law firm that specializes in fighting for the rights of car accident victims and their families. We will fight passionately to secure the maximum compensation possible to support your recovery, allow you access to high-standard healthcare and give you the sense of justice you deserve. An Orlando failure to yield accident lawyer from The Law Place will be diligent in their handling of your case, and ensure that every possible argument and piece of evidence is used strategically to improve your chances of success.
Relieve some of the stress placed on you and your family at this difficult time and allow The Law Place to handle your Orlando car accident case. If represented by our team, you can relax knowing you have a reputable attorney fighting your corner.
Contact The Law Place today at (941)-444-4444 to book a free consultation and case evaluation with an Orlando personal injury lawyer.
Orlando Failure to Yield Violations
Florida Statute 316-123 outlines the legal requirements for drivers to yield on Florida’s roadways when approaching intersections and at both yield and stop signs. Failure to yield is a non-criminal, moving violation, punishable by a traffic violation ticket.
Penalties for a Failure to Yield Ticket
Penalties for a failure to yield ticket include a fine of up to $500 and points on your driver’s license. This fine may be increased to a maximum of $1,000 if the violation occurs in higher-risk areas, such as close to a school or construction works. A driver may also be required to attend traffic school as a result of a ticket.
Penalties can increase if the violation results in an accident and property damage or injury to others. Often, a driver that fails to yield and causes an accident could be liable for compensation to any victims involved.
Determining Right of Way in a Failure to Yield Accident
Drivers of motor vehicles and bicyclists alike are required to follow the right-of-way rules on Florida’s roadways. Right-of-way laws in Orlando are clearly defined in Florida Statutes. When a driver does not adhere to the right-of-way rules, this is often unexpected by other road users and can lead to a collision.
Legal examples of when a driver does or doesn’t have the right of way include the following:
- Drivers with a green traffic light have the right of way.
- A driver intending to turn left at an intersection or into a driveway must yield the right of way to on-coming traffic from the opposite direction.
- All drivers must yield the right of way to emergency vehicles going to an emergency incident.
- Drivers approaching an intersection with a stop sign must come to a complete stop and yield to drivers that have already entered the intersection and pedestrians.
- When two vehicles enter an intersection from different roads simultaneously, the driver on the left must yield the right of way to the driver on the right.
- At four-way intersections, the driver that first arrived at the intersection has the right of way to enter first. If two drivers arrive at the intersection at the same time, the driver on the left will yield to the driver on the right.
- All motor vehicle drivers and bicyclists must yield the right of way to pedestrians when they are crossing a road or street at a marked crosswalk.
- When approaching a yield sign, a driver is required to reduce their speed and yield the right of way to any vehicles in the intersection that constitute an immediate hazard.
- Drivers emerging onto a public road or highway from a drive, alley, residence, business, or building must stop before driving onto a sidewalk or sidewalk area and yield to any pedestrians or vehicles close enough to constitute an immediate hazard.
Who Is Responsible in a Failure to Yield Accident?
Determining responsibility can be an essential element if an individual is looking to file a personal injury lawsuit following a car accident. Florida is a no-fault state, meaning individuals can seek compensation from their own insurance company regardless of fault. However, this coverage has limitations and often does not cover all the losses a victim incurs from a car accident. As such, victims may seek to file a claim against the other driver if they are responsible for the accident and the subsequent injuries the victim suffered.
Determining liability can depend upon several factors. Generally speaking, the individual who did not have the right of way and failed to yield to the driver with the right of way is liable for the accident and potential damages. Your attorney will conduct a thorough investigation into the specific circumstances that led to your accident, including reviewing surveillance and photographs, speaking to eyewitnesses, and reading reports to understand the liability of the involved parties.
If you have been injured by a driver who did not yield the right of way to you when they should have, you are usually safe to assume they are at least partially responsible for the accident. As such, you could be able to file a claim against them and their insurance company.
In some car accidents, it is evident that liability lies solely with one driver, and the other driver involved shares no responsibility for the crash. However, often, this is not the case, and the picture can be more complex. It is quite common for numerous parties involved in a car accident to share some level of liability for the collision. This liability may not be equal across all parties, but one driver could be 25% responsible, for example. Florida’s comparative negligence laws allow victims to still seek compensation for their damages in a car accident, even in cases of split liability.
For instance, a driver may fail to yield to your right of way and turn across your path at an intersection. However, you may not notice that they have turned across you and failed to react quickly enough to stop before a collision. In this situation, likely the driver that failed to yield would be predominantly responsible for the accident but, if you didn’t notice them because you were distracted, perhaps by a child in the car or having a drink of water, you may share some of the responsibility for the collision.
If both parties are partially responsible, the final amount of compensation they receive in a settlement will be reduced in line with their level of responsibility. For example, a driver found 25% responsible for an accident would receive 75% of their total compensation amount. This has been reduced by 25% to reflect their role in the accident.
Failure to Yield Accident Injuries
Orlando car accidents involving a failure to yield are often severe and can leave victims suffering serious injuries as a result. High-impact collisions and worst-case scenarios can result in permanent disabilities, chronic pain, and even death. Common injuries seen in Orlando car accident victims include the following:
- Spinal cord injuries.
- Head and neck injuries, including concussion and traumatic brain injuries.
- Severe cuts and lacerations.
- Broken bones, such as arms, legs, and ribs.
Filing a Failure to Yield Accident Personal Injury Lawsuit
If you have been injured in a failure-to-yield accident in Orlando, you may be able to recover compensation for your losses and damages through a personal injury lawsuit. Not everyone injured in a car accident in Florida is eligible to file a lawsuit, as this will depend on the specific circumstances of the accident.
Florida law only allows car accident victims to file lawsuits when they have experienced severe injuries. Typically, this will include injuries that have resulted in permanent scarring or disfigurement, a permanent change to your way of life, loss of use of a bodily member or organ, or death. Additionally, accident victims who have incurred medical expenses over $10,000 for treatment for their injuries may be able to recover compensation through a lawsuit.
Accident Resulting in a Fatality: Wrongful Death Lawsuit
The absolute worst outcome from a failure-to-yield accident is a fatality. The often severe nature of collisions and the car accident injuries that victims encounter mean that death from a failure-to-yield accident is not uncommon. In fact, in 2020 alone, 174 individuals lost their lives in fatal car accidents on the roads in Orange County.
Family members and loved ones of someone who has lost their life in a failure-to-yield accident may be able to seek compensation through a wrongful death lawsuit. A claim could allow loved ones to recover damages for their financial and non-financial losses resulting from the accident and death of their loved one.
Damages can include costs such as medical expenses, funeral costs, lost wages, and the future loss of income to a household. Individuals may also be able to file for compensation for non-financial damages such as the emotional distress of losing a loved one, loss of companionship, loss of a parent, depression, loss of life enjoyment, and pain and suffering.
Victim Compensation in a Lawsuit
The repercussions of a car accident can go far beyond a victim’s injuries. Often, a victim needs a lengthy amount of time off work to focus on their recovery, and their medical treatment can leave them with large medical bills. Financial stresses can continue to mount if a victim needs therapy, counseling, or physiotherapy and even has to adjust their home to accommodate their injuries.
The limits and strict regulations on personal injury protection (PIP) coverage can be woefully inadequate and leave victims with ongoing, substantial financial problems on top of the physical and emotional trauma of an accident. However, the compensation that may be available through a failure to yield accident lawsuit can be an effective and welcome source of relief for victims managing the knock-on effects of what happened to them.
Victims may be able to seek compensation to cover the cost of their past and future medical treatment, in addition to compensation for the pain and suffering, and emotional distress they have experienced because of the accident.
The compensation a victim can recover in a personal injury lawsuit can be broken down into three broad categories, economic, non-economic, and punitive. Economic damages include any actual financial costs and losses a victim has experienced due to the accident. Typical economic costs incurred in failure to yield accidents include medical bills, property damage, the cost of transport to and from medical appointments, future medical bills, lost wages, future reduced earning capacity, home adjustments, and therapy.
Non-economic damages intend to cover a victim’s losses that are harder to quantify and associate a monetary value to. These damages can include a loss of quality of life, pain and suffering, anxiety, loss of a parent or loved one, depression, and post-traumatic stress.
Punitive damages are not awarded in every personal injury case. However, they may be applicable in serious accidents involving severe driver negligence. As opposed to focusing on the victim’s losses and costs, punitive damages intend to punish the at-fault party for their wrongdoing or negligence that led to the victim’s injuries.
How an Attorney Can Help Your Case
If you decide to pursue a lawsuit for a failure to yield accident, likely, you will have a battle on your hands as the other party and their insurance company try to discredit your claim and avoid paying your compensation. Often, an insurance company representative will examine every detail of your case and exploit any error or even justifiable inconsistency to reduce your settlement.
When you are represented by an experienced car accident lawyer, they will pre-empt most of the arguments and tactics the other driver and their legal team will use to weaken your case. As such, this can be factored into your strategy from the start, and counter-arguments and mitigations can be put in place before the other driver has even disputed your claim. This approach ensures you are as prepared as possible for potential challenges and increases the likelihood of overcoming obstacles and securing a successful outcome.
A complex, well-evidenced, and strategic approach can be incredibly challenging to develop on your own without in-depth knowledge of the legal system and similar claims. As such, having a skilled attorney by your side to navigate your lawsuit will substantially increase your chances of a successful failure to yield accident case for you and your family.
To secure a favorable outcome in your case, your attorney must prove that the other driver displayed negligent or careless behavior that led to the accident that injured you. The specific areas that your lawsuit must address are:
- The other driver had a duty of care to you to behave in a responsible manner so as not to cause injury to other road users.
- The other driver’s behavior demonstrated a breach of this duty of care.
- This duty of care breach led to the collision, and your suffered injuries.
- The damages you are claiming compensation for occurred as a result of the injuries you experienced in the accident.
A diligent attorney will review and gather all available evidence to support these elements of your case and bring a strong argument for negligence. This could include seeking witnesses to testify, utilizing expert opinion, reviewing scene photographs and videos, and examining police and medical reports.
Failure to Yield Frequently Asked Questions
How Long After My Accident Can I Seek Compensation?
In Florida, the statute of limitations for car accident-related personal injury claims is four years from the date of the accident. Any claims filed later than four years after a crash are likely to be time-barred and dismissed. In this situation, an individual loses their ability to recover compensation for their losses.
If you are looking to file a claim for compensation from your PIP insurance coverage, you must file within two weeks of the accident.
Could the Other Driver File a Countersuit Against Me?
Provided that the other driver was also eligible to file a personal injury lawsuit because they either suffered serious injuries or incurred medical bills over $10,000, they may be able to file a counterclaim.
If you are found partially responsible for the accident, and the other driver is eligible, you could face a lawsuit. In this situation, the other driver may file a countersuit against you to recover the percentage of their damages that you are responsible for. For example, if you are 25% responsible and the other driver is 75% liable, they could claim 25% of their total damages from you and your insurance company.
Do I Need to Have Gone to the Hospital to File a Claim?
It is always recommended to seek medical attention as soon as possible following a car accident. Even if you feel fine and uninjured, sometimes individuals experience complications and delayed-onset injuries that require urgent medical attention some time after the accident. Seeing a medical professional after a collision is advised to protect your health and improve your chances of a successful claim if you choose to file.
In Orlando, there is a legal requirement to seek medical attention within 14 days of your accident if you claim either through your own PIP cover or a personal injury claim against the other driver. Although legally, you have 14 days to see a medical professional, in cases of personal injury lawsuits, often, the sooner you see a doctor, the better.
The insurance company of the driver you are claiming against could use the time between the accident and when you sought medical attention as cause to argue the severity of your injuries. Although some individuals will try to brush off their injuries or not realize how serious they are until they don’t go away, this could still be used against you.
Likey, the insurance company you are claiming from will have an experienced legal team and dedicated insurance adjuster that could use any angle in your case to try to argue your claim and minimize your final settlement. A delay in seeking medical attention could be used to claim that you were not injured severely enough, or in enough pain, to feel the need to see a medical professional.
Even if you think you are okay after an accident, your future self may thank you if you see a doctor regardless. Otherwise, if you miss the 14-day period before seeking help, you could find yourself with large medical bills for your treatment and no method of recovering your costs from insurance.
I Have Already Claimed Under My Personal Injury Protection. Can I Still File a Lawsuit?
Personal injury protection (PIP) is a legal requirement within an insurance policy in Florida. As such, all drivers have this coverage and may be able to claim some of their damages through this route. However, the amount a car accident victim can claim from their PIP cover is often somewhat limited. Drivers are unlikely to recover compensation for all the costs they incurred in an accident. Regardless of whether a driver is at fault or not, under their PIP coverage, they may be able to recover:
- 80% of medical costs, up to $10,000, if you require emergency medical treatment. Or up to a limit of $2,500 if your injuries were not considered an emergency by a medical professional. This will also only cover injuries and conditions that occurred immediately as a result of the accident. If an injury emerges later after the accident, PIP will likely not cover the costs associated with this.
- 60% of your lost wages as a direct result of the accident.
- $5,000 in death benefits for expenses such as funerals if the accident resulted in a fatality.
Claiming for some of your costs under your PIP cover does not exclude you from filing a lawsuit. Often, lawsuits and personal injury claims can take a while to complete, and individuals may need some level of financial relief before their case is completed. As such, recovering some of your costs covered by PIP can be beneficial for providing short-term financial relief while still allowing you to recover compensation for more of your losses through a lawsuit.
The Law Place Orlando Car Accident Lawyers: Fighting for Victim’s Rights!
While living with and recovering from your car crash injuries, the thought of seeking compensation through a personal injury claim can be overwhelming. Understandably, victims are often already stressed and trying to focus on their recovery while also balancing the potential financial issues that have arisen from the accident. While a failure to yield accident lawsuit could be the answer to some of your worries, it can feel like too much to handle.
At The Law Place, our experienced and understanding attorneys empathize with victims and their families and the struggles they face during the aftermath of an accident. As such, we pride ourselves on managing the complexities, workload, and stress that often come with a lawsuit while our clients can continue to focus on their recovery, knowing their case is being handled.
Our reputable and knowledgeable team will passionately advocate for your rights and fight aggressively to secure the best outcome possible for you. If you are represented by The Law Place, you will have an experienced car accident lawyer working on your case on a complete contingency-fee basis. This no-risk approach means that you will not pay any lawyers fees until we win your case for you. When your case is successful, we will take our costs from your final settlement.
Pursuing a failure-to-yield accident claim with The Law Place will not place undue stress and pressure on you at such a challenging time, and our no-risk representation comes with no requirement to pay for anything upfront. Compensation could significantly improve your current situation. Allow us to advocate on your behalf and secure a settlement to help you and your family move on from your accident.
Contact The Law Place’s 24/7 phone line at (941)-444-4444 to book your free consultation with an Orlando failure-to-yield accident lawyer.