Failure to yield the right-of-way is a common cause of traffic collisions in Phoenix, including motorcycle accidents, bicycle accidents and pedestrian accidents.
What is failure to yield?
Right-of-way laws, or yield laws, dictate who has the right to go and when. For example, at a four-way stop, all directions must come to a complete stop before the first car can go. The right-of-way in this scenario is first-come. If the third driver decides to go straight when the first driver is making a left-hand turn, and the third driver hits the first driver, the third driver has caused an accident for failing to yield.
Similarly, accidents can be caused by a driver making a right-hand turn into an oncoming vehicle when they should have yielded. In these examples, not following right-of-way rules can cause accidents at no fault to a driver following proper yielding laws
Failure-to-Yield Accident Claims in Phoenix
Failure-to-yield was cited as the primary factor in 59 fatal Arizona traffic crashes in 2011, according to the Arizona Department of Transportation. More than 4,400 motorists were injured in such crashes. However, the true number is likely much higher, when red-light runners and stop sign violators are included. These crashes most often occur at intersections and are one of the leading causes of crashes involving motorcycles, bicyclists and pedestrians.
In fact, the Motorcycle Safety Foundation reports failure to yield and turning left in front of a rider are the leading causes of fatal motorcycle crashes in the United States. Motorcyclists, bicyclists and pedestrians account for as many as half of all traffic fatalities; and the number of these crashes has been on the rise for more than a decade.
As local and state government continue to push walking and cycling as environmentally friendly travel alternatives and a means of reducing congestion, ensuring the infrastructure is in place to protect these travelers will be equally critical. Too often, a hurried or distracted motorist fails to yield the right of way, and serious or fatal injuries result. Unfortunately, in some cases, motorists may also lack respect for the rights of the riding and walking public.
Intersection Accidents in Arizona Caused by a Failure to Yield
In many cases, an accident victim may benefit from seeking qualified legal help and conducting an independent review of the accident scene. Such efforts may help prove your case against one or more at-fault parties. However, in far too many cases, a driver who fails to yield may also fail to remain at the scene.
Hit-and-run continues to be a serious problem in Arizona. More than 11,000 hit-and-run crashes killed 49 motorists and injured more than 2,200 in 2011. Being victimized by a hit-and-run driver further complicates recovery. In some cases, it may be necessary to seek compensation from your own insurance company.
Speed often increases injury risks in these crashes. Failure-to-yield may result in a front-, side- or rear-impact collision. The speed at which the vehicles were traveling will have a direct impact on the severity of the impact in such collisions. Distraction is also a common exacerbating factor in crashes blamed on a driver’s failure to yield. Arizona’s refusal to enact safeguards to eliminate distractions behind the wheel increases the risks for everyone. However, proving a driver was distracted at the time of the collisions can still help victims seeking a recovery.
Liability for Accidents Caused by a Driver Failing to Yield
At Abels and Annes, P.C. our Phoenix personal injury lawyers have the knowledge and experience necessary to build winning cases for the courtroom. We aggressively negotiate settlements on behalf of our clients while at the same time preparing your case for litigation.
Proving fault and negligence in these cases may include relying upon the police investigation at the scene. However, in other cases fault is not so easily determined. Unfortunately, in far too many cases, law enforcement may even get it wrong when it comes to determining what occurred at an accident scene and who is responsible.
Should I Consult an Accident Attorney?
Failure-to-yield was cited as the primary factor in 59 fatal Arizona traffic crashes in 2011, according to the Arizona Department of Transportation. More than 4,400 motorists were injured in such crashes. However, the true number is likely much higher, when red-light runners and stop sign violators are included. These crashes most often occur at intersections and are one of the leading causes of crashes involving motorcycles, bicyclists, and pedestrians.
In the immediate aftermath of failure to yield accidents, contacting a Phoenix personal injury law firm is the best way to protect your rights and the financial wellbeing of you and your family. These crashes typically involve very serious injuries and may involve a parent or a family’s primary wage earner.
Traumatic brain injury, spinal cord injuries, neck and back injuries, and many other different types of injuries can result. Beginning an immediate investigation into the collision can permit a serious law firm to gather critical evidence, including witness statements, surveillance video of the crash scene, and other materials to assist in building your case.
Abels & Annes - Experienced Accident Attorneys
At Abels & Annes, P.C. we have extensive experience in auto accident claims and dedicate a significant portion of our legal practice in Arizona to fighting for the rights of bicyclists, pedestrians and motorcycle riders. Working with some of the leading medical experts and other professionals in the field, we are committed to fighting for justice on behalf of you and your family.
If you have been injured in a traffic collision by a driver who failed to yield, contact us for a confidential consultation to discuss your case. You should notify your insurance company that a collision has occurred (your policy typically legally obligates you to do so) but you should not make any statements to insurance companies or accept any payments until you’ve consulted with experienced legal counsel. If possible, it would be wise to contact a car accident lawyer before you talk to any insurance carrier, including your own.
If you have been hurt in a crash that was caused by a motorist who failed to yield the right-of-way, contact the car accident attorneys at Abels & Annes, P.C. for a free, no obligation consultation. We are available to speak with you and answer questions 24/7. Just give us a call toll free at (855) 749-5299 or locally at (602) 819-5191.