When another party’s negligence causes a motor vehicle accident, the injured party may wish to seek compensation for damages or injuries that resulted from the wreck. Drivers who do not yield as required by law may be held liable if their actions cause an accident. If you or a loved one has been injured due to another party’s failure to yield, consider contacting a compassionate New York personal injury attorney with Stufano Law by calling (914) 752-7746 to schedule a consultation.
Understanding New York’s Failure-To-Yield Laws
Failure-to-yield accidents can lead to serious legal consequences in New York. Understanding the state’s laws as they apply to yielding can help in the event of an accident. These laws specify who has the right of way in different situations. They describe the actions that drivers must take to yield to others, including pedestrians and other vehicles. Being familiar with the right-of-way laws can help drivers better navigate the legal implications of failure-to-yield accidents.
New York’s failure-to-yield laws help to ensure the safety of everyone on the road. These laws are applicable in various scenarios, including approaching a stop sign, turning left, or navigating a roundabout. Drivers who violate yield laws can face traffic tickets, fines, and points on their driving records. In extreme cases, failure-to-yield accidents can lead to criminal charges and financial liability, especially if they cause serious injuries or fatalities.
Failure-To-Yield Violations
Violating right-of-way laws can cause accidents that result in property damage, injuries, and even fatalities. Always be aware of your surroundings and follow the right-of-way rules to prevent the potentially serious consequences of failing to yield. According to Title 7, Article 26 of the Consolidated Laws of New York, the following are examples of violations for failure to yield:
- Not giving the right of way to a vehicle already in the intersection
- Entering an intersection when the other side is not clear
- Blocking another street when stopped in traffic
- Failing to yield to oncoming traffic when making a left turn
- Not yielding to the driver on the right at a stop sign
- Failing to yield to oncoming traffic or pedestrians when entering the roadway
- Entering a roundabout without first checking for vehicles already in the circle
- Not yielding to pedestrians in crosswalks
- Not exercising due care to avoid hitting pedestrians, bicyclists, domestic farm animals, or horses (this includes frightening horses)
Consequences of Not Yielding Properly in New York
Failing to yield in New York can have serious legal consequences. Failing to yield can also lead to accidents that result in property damage and injuries. When a driver does not properly give the right of way to other vehicles, bicyclists, or pedestrians, the driver puts all parties at risk. Yielding is more than just a legal requirement. Properly yielding is important for keeping everyone safe on the road.
What Are the Legal Consequences of a Failure To Yield?
Failure-to-yield accidents can have various legal consequences that are highly dependent on the severity of the incident and the resulting damages. The at-fault driver may be held liable for any or all of the following:
- Property damage: The at-fault driver may be responsible for the costs of repairing or replacing damaged vehicles or other property
- Medical expenses: The at-fault driver may be required to compensate injured parties for their medical expenses, including hospital bills, rehabilitation costs, and ongoing treatment
- Pain and suffering: When motor vehicle accidents cause severe injuries or disabilities, the at-fault driver may be liable for the injured party’s physical and emotional pain and suffering
- Lost wages: If the injured party was unable to work while recovering, the at-fault driver may be responsible for lost wages and, potentially, loss of future earning capacity if the injuries caused permanent disability
What Are Other Consequences of a Failure To Yield?
A driver who is found guilty of a failure-to-yield violation may face fines, points added to his or her driver’s license, increased insurance premiums, and even license suspension. These consequences can affect the driver’s life in many ways. Wrecks and points on a person’s driving record cause increases in auto insurance premiums. That increase can remain for years, affecting monthly expenses in the long term. License suspension comes with another set of difficulties, as the driver must find other means of transportation to get to work and other places.
How To Prevent Failure-To-Yield Accidents
By following traffic laws and guidelines, drivers can significantly reduce their risk of failure-to-yield accidents and promote road safety. To prevent failure-to-yield accidents, follow these tips:
- Be aware of your surroundings, watching for pedestrians and other vehicles at all times
- Obey traffic signals, yield signs, and right-of-way rules
- Give pedestrians in crosswalks enough time to safely cross the road
- Yield to oncoming traffic when turning left and only proceed when it is safe to do so
- Be cautious and patient at intersections, especially when there is heavy traffic
Determining Fault in Failure-To-Yield Accidents
Determining fault in a failure-to-yield accident can be complex. The process requires thoroughly investigating the accident scene, gathering witness statements, and collecting any available evidence, such as videos or vehicle data. In most cases, the driver who failed to yield the right of way will be considered at fault for the accident.
However, there are situations in which multiple parties may share the fault. If both drivers failed to yield at an intersection, they may be equally responsible for the accident. An experienced personal injury attorney with Stufano Law may be able to help gather evidence and establish fault in your failure-to-yield case.
Navigating Insurance Claims After a Failure-To-Yield Accident
After a failure-to-yield accident, injured parties need to navigate the insurance claims process effectively to ensure that they can receive compensation for their injuries or damages. Some important steps to follow include the following:
- Report the accident: Contact your insurance company as soon as possible to report the accident. Provide all the details, including the date, time, and location of the accident. Also give the other party’s contact information. Note that, according to the New York State Department of Motor Vehicles (DMV), drivers who have been involved in a wreck must also report to the DMV if that wreck caused injuries, fatalities, or damages at or above $1000 for either party. This is a separate report form that drivers must file in these cases, and failure to report is a misdemeanor offense.
- Gather evidence: Collect any available evidence, such as photos of the accident scene, damage to vehicles, and injuries sustained. Get copies of witness statements.
- Seek medical attention: Even if you believe your injuries are minor, seek medical attention as soon as possible after the accident to document injuries and to ensure your well-being. Keep all medical records and bills related to the accident.
- Consult an attorney: Consider consulting with a car accident attorney who has experience with failure-to-yield accidents. An attorney can offer guidance through the insurance claims process, negotiate with insurance companies, and help pursue legal action if necessary.
Seek Legal Representation for Your Failure-To-Yield Case Today
If you have been involved in a failure-to-yield accident, a skilled attorney can provide valuable guidance and support throughout the legal process. An attorney will fight to protect your rights and help you pursue the compensation you deserve for your injuries, damages, and other losses. Consider contacting a compassionate personal injury attorney with Stufano Law by calling (914) 752-7746 today to schedule a consultation.
