Dorchester Failure to Yield Accident Lawyer
In Dorchester and the Commonwealth of Massachusetts, failure to yield offenses occur when a car that does not have the right of way does not yield to the appropriate flow of traffic. The most common failure to yield or right of way incidents occur at intersections. The same expectations apply when stopping at a stop sign. The vehicle that is there first has the right of way. Failure to yield occurs when someone goes and it is not their turn to go.
When someone has caused a collision due to not following the right of way, it could be critical to speak with a Dorchester failure to yield accident lawyer about filing a claim. A compassionate car collision attorney could help you collect evidence that is critical to present when seeking the damages you deserve.
What Constitutes the Right of Way?
Right of way refers to whose turn it is to go on the roadway. If someone is going straight, nobody can block their course of path, so they have the right of way. Anybody turning does not have the right of way. A common one would be if someone gets to a four-way intersection and with four stop signs, it is first come, first served.
Whoever got there first will take their three seconds, look at all directions, make sure that someone is yielding because they have the right of way and then they can continue. Whoever was there second would then be next and so forth. If an individual is coming from the right, they have the right of way over the person coming from the left.
Evidence Used in Identifying Fault for a Failure to Yield Case
Proving that someone failed to yield can be extremely complicated because each person has their theory about what happened. They will tell their insurance company that the other person was at fault. This can make it difficult to prove what happened.
There a couple ways to prove fault in failure to yield cases. An unbiased witness can tell someone what really happened. Technology can also help such as public cameras. Police cameras and road cameras can help prove who really did have the right of way, therefore determining who is at fault for the accident. In many cases, though, these cases become a he-said, she-said, situation and there might not really be a way to prove it.
Liability in Failure to Yield Claims
Liability can be impacted by a failure to yield drastically. As a Dorchester failure to yield accident lawyer knows, it may be hard to prove that someone failed to yield. However, attorneys can help collect the facts, such as the police report, witnesses, or some other evidence proving that someone failed to yield, liability would be very easy to determine.
Road signs are present most of the time in the form of a yield sign or stop sign. There can be an actual traffic symbol or blinking red or yellow lights. If there is an area where an individual should be yielding, most likely there will be some form of sign that they failed to watch, see, or listen to.
How Attorneys Investigate Failure to Yield Cases
Investigating these types of failure to yield and right of way cases is extremely important because while it is definitely a fact that someone failed to yield, it does not mean that one can prove that fact. When two people report the same accident to their own individual insurance companies, there are almost always two different stories.
Very rarely does someone admit they are at fault. This means the insurance company and Dorchester failure to yield accident lawyers should be able to easily identify why the accident happened and determine which car failed to yield. Sometimes, cameras are investigated. Sometimes there are witnesses. Looking at the property damage can be helpful. This is called an accident reconstruction. Police officers do it all the time, as do insurance companies and lawyers.
Insurance companies treat a failure to yield accident the same way police and lawyers should. This means they will do an investigation and if their insured failed to yield, they will find them responsible and they will honor the claim being brought by the opposing attorney or the subrogation claim being brought by the opposite insurance company.