Accidents caused by a failure to yield could occur as a result of driver distraction, impaired driving, speeding, aggressive driving, or a simple error in judgment.
Regardless of the cause, however, a driver’s failure to yield can cause an accident that may lead to severe injuries for other drivers, passengers, bicyclists, and pedestrians. Individuals who have been injured by another driver’s failure to yield may also be able to recover compensation from that driver if negligence has occurred.
Getting timely advice from a Brookline failure to yield accident lawyer could be key to a successful and effective recovery for injury victims’ losses related to the accident. To get started on your claim, contact a dedicated car wreck attorney today.
Failure to yield can result in an accident in many different situations, depending on the circumstances. Some common types of failure to yield accidents may occur in the following scenarios:
Due to the variety of situations in which a failure to yield accident can occur in Brookline, determining fault for the resulting accident may become complicated. Photographs of the scene, witness statements, and video surveillance from nearby businesses or traffic cameras may be necessary to reconstruct the events that led to the accident and properly allocate fault.
A failure to yield accident lawyer in Brookline may be useful in helping determine fault in these types of wrecks.
When fault becomes a contested issue in a failure to yield accident, the legal principle of comparative negligence may apply. Comparative negligence is relevant in situations in which injury victims may be partially responsible for the accident that led to their own injuries. Under Massachusetts law, injury victims can seek compensation for their losses stemming from accidents, even if they were somewhat at fault for the accident.
Pursuant to Mass. Gen. Laws ch. 231, §85, injured individuals maintain the ability to seek compensation through personal injury lawsuits, so long as they are not more responsible for the accident than the other party or parties. If a victim is less than 51% responsible for the accident that led to their injuries, they could still look to the other responsible party or parties for compensation for their losses.
Although injury victims in this situation are not foreclosed from seeking compensation for their losses, they can recover only a limited amount of damages. The percentage of fault that is allocated to injury victims for the accident will decrease their injury awards accordingly. In other words, if it is determined that injury victims are 35% at fault for causing the accident at issue, then they are limited to seeking 65% of their total damages from other parties.
The statute of limitations is a state law that places time limits on individuals’ ability to file lawsuits. Different types of lawsuits are often subject to varying statutes of limitation.
Mass. Gen. Laws ch. 260, § 2A establishes the statute of limitations for filing personal injury actions. Injury victims have no more than three years from the date of the accident in which to file their personal injury lawsuits against any parties who are responsible for the accident. If they do not file their claims within this timeframe, they are likely to be unable to pursue any further relief related to the accident. Fortunately, a seasoned lawyer could help an injured victim file a claim promptly.
Injuries sustained in a failure to yield or any other type of accident can be devastating, resulting in multiple medical bills, ongoing care costs, and lost wages due to an inability to work. Taking the time to contact a Brookline failure to yield accident lawyer could be beneficial towards exploring different options for seeking compensation from those responsible for the accident. For more information, or to schedule a consultation, get in touch with an experienced injury attorney today.