Failure to yield car accidents are a common cause of road mishaps in Massachusetts. They can lead to severe injuries, extensive property damage, and in some cases, fatalities. Being aware of the causes of these accidents, as well as knowing what to do if you’re involved in one, is important for making sure your rights are protected.
Common Causes of Failure to Yield Accidents
Failure to yield accidents occur when a driver does not give the right of way to another vehicle or pedestrian as required by law. There are several behaviors that can cause or contribute to accidents of this type. Some of these include:
Distracted Driving
One of the leading causes of failure-to-yield accidents is distracted driving. Activities like texting, talking on the phone, eating, or using in-car technologies can divert the driver’s attention from the road.
Speeding
Drivers who are speeding may not have enough time to yield properly. The inability to slow down on time can lead to collisions and significant injuries for all parties involved. High speeds reduce a driver’s ability to react to changing traffic conditions, which increases the risk and severity of accidents.
Impaired Driving
Driving under the influence of alcohol or drugs impairs a driver’s judgment and reaction time. This makes it far more likely for them to fail to yield the right of way.
Aggressive Driving
Aggressive driving behaviors, such as tailgating, weaving through traffic, and road rage, often lead to failure-to-yield accidents. These drivers may disregard traffic signals and signs, which puts pedestrians and other drivers at serious risk.
Misjudgment of Distance or Speed
Some drivers misjudge the speed or distance of oncoming vehicles. This may lead to making the wrong decisions about when to yield. This is common at intersections and while merging onto highways.
Failure to Understand Right-of-Way Rules
In some cases, drivers simply do not understand or are unaware of the right-of-way rules. This lack of knowledge can result in poor or improper yielding and subsequent accidents.
Legal Implications of Failure to Yield Accidents in Massachusetts
In Massachusetts, the law compels drivers to yield the right of way in various situations. These include approaching stop signs, yield signs, and making left turns. When a driver fails to yield properly and causes an accident, they can be held liable for the resulting damages. In an accident like this, it’s important to be familiar with the legal implications involved.
Determining Fault
Establishing who is at fault in a failure to yield accident usually involves examining traffic laws and witness testimonies. Police reports also play an important role in determining who was at fault, as these reports include details about the accident scene and statements taken from involved parties.
Comparative Negligence
Massachusetts follows a modified version of the comparative negligence rule. This means that if you’re found partially at fault for the accident in question, your compensation may be reduced by the percentage of your fault in the matter. However, if you’re found to be 50% at fault or more, you may not be able to recover any damages at all.
Insurance Claims
Massachusetts is a no-fault state for car insurance, meaning that your own insurance company will pay for your medical expenses and lost wages. This is true regardless of who was at fault. However, if your injuries are severe or your damages are beyond a certain threshold, you may file a claim against the at-fault driver as well.
Steps to Take If You’re Involved in a Failure to Yield Accident
If you are involved in a failure-to-yield car accident in Massachusetts, it’s critical to take the following steps to protect your rights and ensure you receive fair compensation. Handling the process ahead as efficiently as possible may help your claim or court case proceed a little more smoothly.
As soon as the accident takes place, move to a safe location, if possible, and call emergency services. Report the accident to the dispatcher and request medical assistance for any injured parties.
From there, gather as much evidence as you can from the scene of the accident. Don’t put yourself in a dangerous position, but try to take photos of the vehicles involved, the road conditions, traffic signs, and any visible injuries. Also, collect contact information from witnesses.
Exchange contact and insurance information with the other driver or drivers involved in the accident. Don’t forget to write down their driver’s license number and vehicle registration information.
As soon as emergency services arrive, have a medical professional evaluate your condition. Even if you do not feel seriously injured, medical attention is incredibly important. Some injuries may not be apparent right away, and they can worsen significantly as time passes.
Be sure to notify your insurance company about the accident as soon as you can. Provide them with the information they seek and do your best to cooperate fully with their investigation.
Finally, consult an experienced car accident attorney. Working with a professional can make it a lot easier to navigate the complexities of your case. These individuals can assist you in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.
Why You Need a Failure to Yield Car Accident Lawyer
In some cases, it may be necessary to hire an attorney to help you proceed through the aftermath of a failure to yield accident. Having legal counsel can greatly impact the outcome of your case.
For example, working with a lawyer who commonly deals with car accidents will have a thorough understanding of the state’s traffic laws. As such, they’ll know how these laws apply to your case and can effectively argue on your behalf to establish fault and secure compensation.
Lawyers also have the resources needed to conduct thorough investigations into car accidents. They can collect important evidence as well, such as surveillance footage, witness statements, and expert testimonies.
It’s also customary for insurance companies to try minimizing an injured party’s payout, but lawyers know how to respond to lowball offers. An experienced attorney can negotiate with your insurance company to make sure you receive fair compensation for your injuries, damages to your property, and other losses.
If your case ends up going to court, having an attorney to represent you can make a world of difference. These professionals will present your case as effectively as possible, cross-examine key witnesses, and advocate for your best interests.
Failure to yield accidents are a common yet preventable cause of road mishaps in Massachusetts. Understanding the causes of these accidents, knowing your legal rights, and taking the appropriate steps afterward can help protect you and ensure you receive the compensation you deserve.
If you find yourself involved in a failure-to-yield accident, contacting an experienced car accident lawyer is crucial.
By being informed and prepared, you can better handle the aftermath of a failure to yield accident and work towards a solution that preserves your rights and interests.
If you’ve been involved in a failure-to-yield accident, contact Sweeney Merrigan Personal Injury Lawyers as soon as possible. Our team of legal professionals is here to help you throughout each step of the process ahead.
