If a vehicle fails to yield the right of way where it is supposed to, it can lead to a very serious accident. Maybe the driver was in a hurry and thought that they could still make it, or maybe they were driving recklessly and did not see your car, or they simply ignored the yield sign. No matter the circumstances, we all need to obey the traffic rules and pay attention to the road. If we cannot rely on other drivers to comply with the traffic rules and regulations, our roads will become very dangerous. Failure to yield accidents can lead to serious injuries, damage to your belongings, or even wrongful death. And why should you suffer the consequences of something that was not your fault?
If you or a loved one have been involved in an accident caused by a failure to yield the right of way in Venice, Florida, contact The Law Place as soon as possible for a free consultation. We have a team of experienced personal injury lawyers who will evaluate your case and help you get the compensation you deserve. It is important to ensure justice for the victims of reckless driving in order to prevent it from happening in the future. If these drivers get punished for their recklessness, next time, they will make sure that they comply with the rules.
Call The Law Place and schedule a free case evaluation with one of our personal injury lawyers. We are available 24/7 at (941) 444-4444.
The Right of Way in Venice, Florida
The Florida uniform traffic control law determines the traffic rules applicable in the State of Florida. It also sets the obligation to yield or grant the right of way. This means that in particular situations, some vehicles or pedestrians have the right to proceed while vehicles approaching from other directions must adjust their speed and driving to avoid a collision.
Below, we list some of the most common situations when drivers are obliged to yield the right of way in Florida:
- To oncoming traffic when joining a highway or main road from a side road, private road, or building.
- When a bus is signaling that it is about to reenter the traffic.
- When pedestrians are lawfully crossing the street.
- To oncoming traffic when turning left.
- To construction workers and their vehicles when their presence is lawfully signaled.
- Whenever there is a stop sign, a yield sign, or a red light.
- At an intersection to a vehicle that has already entered the intersection from another direction.
- At an intersection to a vehicle on their left.
- To emergency vehicles passing in your direction.
- When joining a roundabout.
The problem is that every driver knows these rules and relies on this system. All drivers should be vigilant, of course, but if a driver fails to grant the right of way where they are supposed to, the other driver does not have enough time to avoid the collision. You simply do not expect others to break the rules.
Contact us for a free consultation on your case. One of our personal injury attorneys will help you claim the damages you deserve.
Proving Liability in a Failure to Yield Accident in Venice, Florida
To be able to seek damages for the injuries and damage you sustained in an accident where the other party failed to yield, you have to prove their negligence. You can do so by proving that:
- They owed you a duty of care.
- They breached their duty of care.
- Their actions caused your injury.
However, it is important to know that the other driver will defend themself as well. They will try to declare that you were also at fault. This is why it is so important to have strong legal support at your side. At The Law Place, we know how to defend our clients against these claims since we have successfully handled many similar cases.
Gathering Evidence for a Failure to Yield Accident in Venice, Florida
It is very important to gather all the available evidence so that your accident lawyer is able to build a strong defense for you. At our law firm, we conduct a thorough investigation of the accident so that the other party does not stand a chance against you. Your lawyer will:
- Examine the site of the accident so that they know exactly what happened. This includes studying damaged property or skid marks in the surrounding area.
- Hire professionals to closely examine all vehicles involved in the accident. This could bring more light to the exact events of the collision.
- Interview all onlookers and witnesses, including the first responders to the scene.
- Investigate any relevant security footage capturing the accident.
Please be mindful that all the evidence is best gathered right after the accident. The longer you wait, the less evidence there will be for us to examine. Maintenance workers clean and repair the road as soon as possible so that it can be used normally again. People want their belongings repaired or replaced shortly after the accident so that they can start using them again. And witnesses soon forget the details that can sometimes be essential for your case. So, if you or a loved one have been involved in a failure to yield car accident, contact us immediately.
Moreover, according to Florida Statute 95.11, there are certain deadlines for starting a claim. This means that you are only able to file a lawsuit only within a particular period after the accident. In a case of personal injury, you have four years. However, in a case of wrongful death, the period is only two years. So, this is just one more reason not to hesitate and schedule a free consultation with us as soon as possible.
Seeking Compensation for Damage and Injuries Sustained in a Failure to Yield Accident in Venice, Florida
If you find yourself in an accident that was not your fault, you have the right to seek compensation for the property damage and injuries you sustained from the other party under certain conditions. Below, we list a few examples of compensation you could be entitled to:
- Medical bills – You could get compensated for the cost of all your medical care related to the injuries you sustained in the accident. This can include the cost of surgery, rehabilitation, medication, or even mobility aids. The important thing is that you follow the prescribed treatment plan and that you keep all the relevant receipts.
- Loss of earnings – If your injuries do not allow you to go to work, compensation will cover the lost wages.
- Loss of earning capacity – If your injuries impact your life so much that you are no longer able to perform your current job, you could receive damages for the money you would have made if you were not injured in the accident.
- Property damage – You can also seek damages for all your belongings damaged in the accident. This includes your car, but also other valuables like a mobile phone or a laptop.
- Pain and suffering – There are also damages for the impact that the accident had on your mental health. Pain and suffering compensation is usually based on your medical bills, which get multiplied by a number according to the severity of your injuries. Generally, the number is between 1 and 5.
- Wrongful death – If your loved one passed away as a result of a failure to yield accident, you might be entitled to compensation for their wrongful death. This is meant as financial support for a family that suddenly loses one income.
If you schedule a free consultation with us at The Law Place, we will evaluate your case and tell you which damages we could win for you. All this depends on the particular circumstances of your accident, and we will have to assess all the details before deciding on a specific plan for you and your case.
Dealing With the Insurance Company Following a Failure to Yield Accident in Venice, Florida
According to Florida Statute 627.7407, you are required to claim compensation from your own insurance company first, no matter who caused the accident. Only if the costs exceed your policy limit do you have the right to claim from the other party. Moreover, if you find yourself in an accident, you must inform your insurance company about it within a certain period, usually only 24 hours. However, we strongly recommend you call your personal injury lawyer first whenever possible. Otherwise, you can call the insurance company and tell them you were in an accident but do not provide them with any details and, most importantly, do not agree to anything they offer you on the spot.
Your personal injury attorney can help you claim damages from both your insurer and the other driver that caused the accident. The problem is that insurance companies use specific tricks so that they do not have to pay you the full damages that you deserve. If you call them from the site of the accident, they might offer you something that could sound generous, but you would later find out it is much less than you deserve. However, a skilled accident lawyer is able to deal with insurance companies and secure the best possible outcome for you, so we recommend you leave the matter in their hands. You will not regret it!
Legal Representation by The Law Place
At The Law Place, we work to create mutual trust with our clients by being open and honest. Our attorneys work on a contingency basis, which means that our law firm does not get paid until we win a settlement. The contingency fee is one of the standard fees for legal services, and it is monitored by the Florida State Bar Association. Your attorney will explain everything so that you fully understand our pricing policy and experience no unpleasant surprises.
If we agree on representation, one of our attorneys will become your advocate. They will gather the evidence, deal with the insurance company and seek compensation from the other driver on your behalf. Moreover, all our attorneys work closely together. This means that for the price of one lawyer, you will have the experience and knowledge of the whole team.
Call The Law Place Today for a Free Consultation
The Law Place is a professional law firm with more than 75 years of combined experience in many areas of law, including personal injury. With our attorneys, you are in the best hands. Most of our team is rated 10.0 by AVVO, which is the highest rating an attorney can achieve. With us by your side, you greatly improve your chance of winning a higher settlement.
So, if you have been involved in an accident caused by a failure to yield the right of way, call The Law Place and schedule a free consultation at (941) 444-4444.
Call or text 941-444-4444 or complete a Free Case Evaluation form