West Palm Beach Failure to Yield Accidents

Residential areas and major intersections across West Palm Beach are prone to accidents involving a driver’s failure to yield the right of way to another vehicle or pedestrian. Drivers either intentionally or ignorantly may fail to adhere to proper protocols when turning or otherwise engaging in traffic maneuvers, and they may cause significant injuries as a result. The West Palm Beach car accident lawyers at Donaldson & Weston understand the difficulties that victims face in the aftermath of a devastating accident. Often, differing viewpoints of witnesses at the scene lead to confusion as to who was in the wrong. Our attorneys assist victims of failure to yield accidents by collecting the proper evidence to determine what happened and who may be at fault for the collision.

Failure to Yield Accidents and Personal Injury Claims

At the scene of an accident, initial reports are taken, but they are not always accurate. For example, in a highly publicized fatal Palm Beach collision involving tennis star Venus Williams, police had originally assigned fault to Williams for a failure to yield. However, it was later determined that she had the right of way, and another vehicle had failed to yield properly. This kind of confusion is all too common in accidents of this nature.

Not knowing the law is no excuse when a driver puts lives in danger. Under Florida law, a failure to yield citation is a non-criminal traffic citation. The statute also sets out when vehicles must yield to other motorists or pedestrians. Vehicles approaching an intersection are required to yield to vehicles that have already entered the intersection via another street or highway. These regulations get more complex and confusing when multiple vehicles are involved. For instance, when two or more drivers arrive at an intersection simultaneously, the left-most driver must yield to others. Left-turning drivers must also yield the right of way to people traveling through an intersection. Pedestrians have the right of way at stop signs and crosswalks.

It is not always straightforward to get an appropriate settlement from an insurance company because fault is often disputed in these cases. As a result, victims sometimes need to turn to the courts in order to prove their claim and receive damages to assist with the costs of their injuries. Negligence exists when a driver has breached their duty to act as a reasonable or prudent person would act under the circumstances, and that breach causes another motorist, pedestrian, or other road user’s injuries as well as damages. A driver’s failure to follow traffic regulations may be indicative of negligence and the root cause of an accident.

If a failure to yield accident leads to a fatality, Florida’s Wrongful Death Act allows family members to pursue an action on the victim’s behalf in order to receive compensation for medical expenses, funeral and burial costs, and loss of companionship. Personal injury cases are required to be brought within four years from the date of the injury, and wrongful death claims must be filed within two years from the date of a victim’s death. Because of the complex nature of these types of accidents, it is important to consult a knowledgeable attorney as soon as possible to protect your rights.

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