A failure to yield accident is any collision in which a motorist fails to yield the right of way to another person, whether a driver, pedestrian, or cyclist, who has the right-of-way in a particular situation. These types of accidents can almost always be attributed to distracted driving, speeding, or another form of negligence, as these are the kinds of activities that are most likely to result in one driver’s failure to acknowledge the presence of another. For this reason, those who are injured in failure to yield accidents are encouraged to speak with an experienced Pueblo failure to yield accident lawyer who can help them determine and prove fault.

Types of Failure to Yield Accidents 

Colorado motorists are required to yield in a number of different situations, including when encountering pedestrians at a crosswalk, when turning left into oncoming traffic at unprotected intersections, and when merging on the freeway. Unfortunately, many motorists fail to comply with these laws, which can have devastating consequences for others on the road. Most commonly, these accidents are the result of a driver’s:

    • Failure to yield to another vehicle or cyclist at a traffic light;

    • Failure to comply with a yield sign;

    • Failure to yield for a pedestrian, whether at a crosswalk or anywhere else on the road;

    • Failure to yield when merging;

    • Failure to yield for an emergency vehicle;

    • Failure to yield to oncoming vehicles on the freeway; and

    • Failure to yield when exiting or entering a private driveway or parking space. 

The result of this kind of negligence is often catastrophic, especially when a collision occurs between a motorist and a pedestrian, as pedestrians are forced to bear the full force of impact without the benefit of seat belts and air bags. Failure to yield accidents that occur in intersections also often involve head-on impacts, which can cause severe injuries to the head and neck, including whiplash, herniated discs, and spinal cord injuries. Treating these kinds of serious injuries tends to result in expensive medical bills, which are only compounded by lost wages and pain and suffering. Fortunately, injured parties could be eligible to recover compensation for these losses by filing a claim against the at-fault driver in court. 

Common Causes of Failure to Yield Accidents 

Failure to yield accidents are almost always the result of at least one person’s negligence, such as:

    • Driving while under the influence of drugs or alcohol;

    • Driving while distracted;

    • Falling asleep at the wheel; and

    • Speeding, tailgating, or driving aggressively.

Although it is possible for injured parties to collect compensation from the at-fault parties who cause failure to yield accidents, doing so can be difficult, as filing a claim requires compliance with a host of complicated legal rules and procedures. For this reason, motorists, pedestrians, and cyclists who are involved in accidents resulting from a driver’s failure to yield in accordance with Colorado law, should consider consulting with an experienced Pueblo failure to yield accident lawyer who can walk them through the claim filing process. 

Demonstrating Negligence

Ultimately, a person will only be able to recover compensation for accident-related injuries if he or she can provide evidence of someone else’s negligence. In most cases, this includes collecting and producing the following forms of evidence:

    • Copies of the accident report submitted by responding law enforcement officers;

    • Diagrams and re-creations of the collision submitted by an accident reconstruction expert;

    • Statements from eyewitnesses who saw the accident occur and can testify as to the course of events;

    • Footage recorded at the time of the accident and retrieved from traffic cameras, nearby residences, or handheld devices;

    • Photographs from the scene of the accident, including photos of skid marks, accident debris, and vehicle damage; and

    • Medical records documenting accident-related injuries, including photos of the injuries themselves, as well as doctor’s notes and laboratory results.

Collecting evidence is only one small part of what is required to file a successful accident claim in Colorado. For instance, plaintiffs may need to enter into negotiations with the at-fault parties or their insurers or litigate their cases in court. This can be a difficult endeavor, as demonstrating fault can be complex in failure to yield cases, so if you were recently injured in a car accident and believe that the collision is at least partially due to a driver’s failure to yield in accordance with state or local traffic laws, it is important to consult with an experienced failure to yield accident lawyer in Pueblo, CO who can explain your legal options going forward. 

Experienced Pueblo Failure to Yield Accident Attorneys 

What a person does after an accident can have important repercussions on whether he or she will be able to recover for injuries sustained in a failure to yield accident. Making statements to insurers or other parties that could be deemed as admissions of fault, for example, could significantly reduce an individual’s chances of recovery. To ensure that you are represented throughout your car accident proceedings from beginning to end, please call (719) 223-3511 to set up a free case review with one of the dedicated Pueblo failure to yield accident lawyers at McCormick & Murphy P.C. We make ourselves available to our clients on a 24/7 basis, so if you have questions about your own eligibility for compensation following an accident, please don’t hesitate to call or contact us online today.