Failure to Yield Accidents
As a skilled Pleasanton car accident lawyer, Stephen M. Fuerch represents people who have been hurt by the careless conduct of others. For over 35 years, Mr. Fuerch has advocated for car accident victims who are pursuing monetary compensation for their harm. Before focusing on advocacy for injured individuals, Attorney Fuerch worked in insurance defense. He brings unique insights into his legal practice because he is knowledgeable about the methods that insurers use to evaluate and attack claims. At the Law Offices of Stephen M. Fuerch, we are prepared to set forth a strong and comprehensive claim for compensation following a failure to yield accident.Hold a Negligent Driver Accountable for a Failure to Yield Accident
California law provides car accident victims with a method to recover compensation from any parties that caused the collision. In many situations, legal claims after a crash are set forth under a negligence theory of law. Negligence is a failure to act with care, based on the circumstances. To prove negligence in a lawsuit, the plaintiff victim must show that the defendant had a duty to act, breached this duty, and directly caused their harm and damages.
Failing to yield and causing a vehicle crash may be strong evidence that a defendant breached their duty of care. Drivers who do not obey the rules of the road increase the potential risk of harm to others. In certain situations, the law requires that drivers yield to other vehicles. There may be a “yield” traffic sign, indicating that the traffic will merge. If a driver does not have the right of way but disregards the law and does not yield, they are exhibiting negligent, even dangerous driving behavior. When failing to yield directly causes a crash, the plaintiff will have strong evidence that negligent conduct led to their injuries.
A failure to yield accident in Pleasanton or elsewhere can force the other vehicle involved in the collision to drive into the car that failed to yield. These types of crashes can occur on a highway, near a driveway, or at a crosswalk when a driver fails to yield to a pedestrian with the right of way. Property damage in a failure to yield accident can be serious, and drivers as well as passengers can suffer catastrophic injuries, depending on the speed of the vehicles involved.
As the final step of a negligence claim, the injured individual may set forth their compensatory damages. Economic costs, such as missed wages from work and medical expenses, are to be included in these damages. Injuries may force an accident victim to take leave from work, and in some cases, they may be unable to return to their former job. Non-economic damages, such as pain and suffering, are equally important to set forth. Accident victims may suffer a decreased quality of life following a crash, due to their injuries. It is important to document all the injuries.
If a victim was partly to blame for the failure to yield accident, their damages may be reduced according to the legal doctrine of comparative negligence. California follows the doctrine of pure comparative negligence, which allows victims to recover compensation for their losses according to their percentage of fault. An example might involve a plaintiff who was speeding at the time of the crash and could not properly slow their vehicle. If they are found to have been 20% at fault for causing the crash, their recovery will be decreased by this amount.Assert Your Legal Rights by Enlisting a Knowledgeable Car Crash Lawyer
Motor vehicle collisions can lead to devastating injuries with continuing physical and emotional consequences. If you or someone in your family has been injured in a crash due to a negligent driver, injury lawyer Stephen M. Fuerch can help you assert your legal rights. At the Law Offices of Stephen M. Fuerch, we represent people in Pleasanton, Hayward, Fremont, Walnut Creek, Dublin, San Ramon, and other areas of Alameda and Contra Costa Counties. To schedule a free consultation, you can reach us by phone at (925) 463-2575 or through our online form.