Failure to Yield Accidents

In certain situations, drivers are required to stop and assess traffic before proceeding. All too often, however, drivers proceed without checking to make sure that they can proceed safely, and a failure to yield causes an accident. If you sustained injuries in a failure to yield accident, it is crucial to meet with an experienced San Marcos car accident lawyer to understand your options for pursuing compensation for your damages. Zev Rubinstein has represented people injured in failure to yield collisions in San Marcos, Escondido, Vista, Oceanside, and Carlsbad for more than 25 years.

Under the California Vehicle Code, drivers are required to yield in certain situations. For example, they must pause at a yield sign to yield and assess oncoming traffic. Additionally, a driver who is entering or crossing a highway must yield the right of way to all vehicles approaching on the highway that are close enough to pose an immediate hazard. Drivers must continue to yield until they can proceed in a reasonably safe manner.

In most failure to yield lawsuits, the injured person will allege that the driver who failed to yield was negligent. In California, to prove that a driver in a failure to yield collision should be liable for negligence, the injured person must show that the driver had a duty to exercise due care. In cases arising out of failure to yield collisions, the duty is the duty to drive safely and abide by the California motor vehicle code. The injured person must then prove that the duty was breached, and the breach caused the accident and the alleged harm.

In some failure to yield cases in Vista, San Marcos, Carlsbad, Oceanside, or Escondido, the driver who failed to yield will attempt to avoid liability by arguing that the other driver, who is usually the injured person, caused the accident. California follows a pure comparative negligence standard, however. This means that even if the injured person was partially responsible for causing the accident, he or she may still recover some damages. If an injured person is assessed fault, it will offset the defendant driver's liability. If you were involved in a failure to yield collision, you should speak with a skilled personal injury attorney to discuss your case as soon as possible. A delay can result in a waiver of the right to seek compensation.

A failure to yield can cause physical, emotional, and financial harm. Victims injured in failure to yield collisions in the areas around Vista, San Marcos, Oceanside, Carlsbad, or Escondido can seek compensation for the cost of treatment for their injuries and any treatment that they may need in the future. If a victim is rendered unable to work due to the injuries sustained in a failure to yield collision, he or she may also be owed damages for loss of future earnings and lost wages. The injuries suffered in failure to yield accidents can cause significant pain and suffering, for which the injured person may be awarded compensation. If the injured person was married at the time of the collision, his or her spouse may also be able to seek damages.

Failure to yield collisions are common, and they often cause significant harm. If you sustained injuries in this type of crash, you should meet with a skilled attorney to discuss your case and the damages that you may be able to recover. Attorney Zev Rubinstein is proficient at handling car accident cases in Escondido, Oceanside, Carlsbad, Vista, and San Marcos. He will work diligently to help you seek any compensation that you may be owed from the driver who caused your harm. Mr. Rubinstein’s office is in San Marcos, and he is available to meet by appointment in San Diego and La Jolla. You can reach Mr. Rubinstein at 760.804.2790 or through the online form to schedule a confidential and free meeting to discuss your potential case.