Under Louisiana law, failure to yield occurs whenever a motorist does not give the right of way when merging into traffic. When these reckless actions result in collisions, victims may be left with serious injuries and mounting medical bills. Fortunately, compensation may be available with the help of an Alexandria failure to yield accident lawyer. Reach out to a dedicated injury attorney today to discuss your case.
Most of the time, failure to yield accidents occur in one of two scenarios: The first is whenever someone has a red light when making a right-hand turn and they do not yield to the motorist going perpendicular through the intersection. The second is when two people are changing lanes. In the latter case, it can be difficult to say who caused the accident if they both were changing lanes at the same time and hit each other.
Often, there are no road signs present in these cases. This can it difficult to determine who was merging, who was trying to maneuver their automobile, and who should have been the motorist to yield or submit to the other vehicle.
Alexandria is a comparative fault jurisdiction. This means that if every driver involved in the accident can be attributed some fault, then liability will be apportioned as such. Liability can be pictured as a sliding scale that goes up to 100. For example, one party could have 20 percent fault and the other could have 80 percent fault. Insurance companies, attorneys, judges, or juries make those fault determinations and liability percentage determinations.
If an accident victim was found somewhat at fault for their own injuries, it would reduce the amount of their award. For example, if a driver was 20 percent at fault, their award would be reduced by 20 percent.
Insurance companies and attorneys have to do more investigating when there is no clear yield sign or a traffic control device. In these cases, insurance companies look at the recorder boxes in vehicles and traffic cameras to see who was the first person to swap lanes. They may also take statements from the parties involved and from witnesses. Overall, failure to yield accident cases require much more thorough investigations because there is not necessarily a presumption of negligence like there would be in a rear-end or side-impact collision case.
Large personal injury law firms have large teams with many attorneys as well as the luxury of private investigators who can hit the ground running whenever they get a new case. Unlike solo practitioners, law firms do not have to wait before getting started on a case. Because evidence at the scene of a car accident can disappear, and witnesses’ memories can fade, it can be crucial for personal injury attorneys to work quickly.
If you were hurt because someone failed to give you the right of way, you may be eligible for compensation. An Alexandria failure to yield accident lawyer could help protect your interests in negotiations with insurance companies and even in court if necessary. With the help of a compassionate attorney, you could work to secure your financial well-being. Call today to schedule a consultation.