Failure to Yield Accidents

Florida traffic rules require drivers to yield to others on the road in certain situations. When someone does not obey this rule, he or she can injure pedestrians, bicyclists, or other motorists. The car crash lawyers at Frankl Kominsky are prepared to help you pursue a claim in West Palm Beach against a driver who failed to yield. Our lawyers are seasoned litigators who can tenaciously assert your right to damages after an accident.

Drivers who fail to yield injure thousands of people on this state’s highways every year. The Florida Department of Highway Safety and Motor Vehicles reported that 22,974 traffic accident injuries were caused by a motorist’s failure to yield the right of way in 2012.

Florida traffic regulations specifically require drivers to yield under certain circumstances. For example, they must give the right of way to:

• Emergency vehicles
• Pedestrians at a crosswalk or at malfunctioning traffic controls
• Vehicles approaching an intersection from a highway
• Approaching vehicles when making a left-hand turn

Even when there is no sign indicating that a driver must yield, everyone operating a vehicle must use reasonable care.

You can sue a driver for negligence if you believe that his or her failure to yield caused your injuries. Negligence occurs when a person fails to act with the same degree of care that the ordinary person would use under the same circumstances. For example, the typical driver would obey traffic laws, avoid distractions while driving, and pay attention to others on the road. This is called the duty of care. When a driver fails to yield or otherwise breaks a traffic rule, he or she may have breached this obligation.

In addition to duty and breach, you must show that that the driver’s carelessness caused your injuries in a failure to yield crash. This means that you would not have been hurt if the defendant had obeyed the yield sign at the intersection. It is also essential to prove that your injuries were a foreseeable result of the defendant’s failure to yield.

In some negligence cases, a defendant may claim that the plaintiff is responsible for his or her own harm. If you are fully at fault for the accident, you cannot recover damages. However, Florida will not stop you from seeking compensation if you are only partly responsible for your injuries. Your damages award will be reduced in proportion to your degree of fault.

If you prevail in your negligence claim, you can recover compensation for a failure to yield accident. Your damages can include reimbursement for medical expenses, income-related losses such as lost wages and loss in earning capacity, property damage, pain and suffering, and more. You have two years from when the collision occurred to file your claim. A West Palm Beach injury attorney can help you secure your rights before the statute of limitations expires.

Frankl Kominsky is comprised of dedicated auto accident lawyers with significant experience helping victims in West Palm Beach and surrounding areas, such as Delray Beach and Boca Raton. If a driver’s failure to yield harmed you, we can help you pursue a claim. We will assert your right to compensation during settlement negotiations and, if needed, at trial. We never settle for less than what our clients deserve for their injuries. You can depend on our tenacious representation to maximize your chance of getting a favorable outcome. Call us today at (855) 800-8000 or reach us through our online form to schedule an initial consultation at no cost. We are fluent in Spanish and Creole.