Failure-to-yield crashes occur when a driver neglects to yield the right of way, often leading to severe injuries or property damage. Determining liability in these accidents can be complex and may require legal action to establish fault, pursue proper compensation and possibly avoid an increase in insurance premiums.
In New York City, various parties may be held accountable, including drivers, local governments, pedestrians or cyclists. Understanding who may be responsible is crucial for victims seeking compensation for injuries and damages.
If you or a loved one have been involved in a failure-to-yield collision, contact an experienced New York car accident lawyer at The Bongiorno Law Firm. Our attorneys can help clarify your rights, assess the situation and guide you through the legal process to ensure you receive the maximum compensation possible. There are no upfront costs or fees unless we win your case.
Request a FREE case consultation today: (516) 741-4170
How Is Liability Determined in Failure-to-Yield Accidents?
Documenting the accident scene is crucial for establishing liability in failure-to-yield accidents. Proper documentation helps insurance companies and legal professionals determine fault, ensuring a fair assessment of the situation.
Insurance companies will determine negligence through evidence such as:
- Police reports
- Eyewitness statements
- Accident scene photographs
- Driver statements
Capturing the scene with photos and gathering relevant information immediately after the accident strengthens your case and supports your compensation claim.
How NYC Comparative Negligence and “No Fault” Laws Impact Your Recovery
Under New York City’s comparative negligence system, compensation for damages is reduced based on each party’s percentage of fault in the accident. This means that if both parties share responsibility, their recovery will be adjusted according to their level of negligence.
New York operates under a “no-fault” system, requiring each party to cover their medical expenses and lost wages through their own insurance. Drivers may only sue for additional damages, such as pain and suffering or vehicle damage, if their injuries meet the state’s serious injury threshold.
Common Causes of Failure-to-Yield Accidents
Most failure-to-yield accidents result from a driver’s negligence or inattentiveness. Drivers are legally required to obey the rules of the road, including yielding the right of way when necessary.
Common examples of driver negligence leading to failure-to-yield crashes include:
Disregarding traffic signs Or signals
Failing to stop at a stop sign, running a red light or not yielding at a yield sign.
Inattentiveness
Distracted driving, such as texting, talking on the phone or engaging in other activities that divert attention from the road.
Speeding
Driving too fast for road conditions or exceeding the speed limit, preventing a timely response to yield.
Impaired driving
Operating a vehicle under the influence of drugs or alcohol, impairing the driver’s ability to judge distances and react appropriately.
Reckless driving
Aggressive behavior, such as cutting off other drivers or making unsafe lane changes, increases the risk of an accident.
In these cases, the at-fault driver’s insurance may be required to cover the costs of injuries, property damage and other losses resulting from the crash.
Determining Fault When Multiple Drivers Contribute to the Accident
In some cases, the driver who appears to have failed to yield may not be entirely at fault. The impacted driver may have contributed to the crash through reckless or unsafe actions.
For example:
- A driver swerves into another lane, forcing the other driver to make an emergency maneuver or crash into another vehicle.
- The at-fault driver may have been speeding or tailgating, leaving insufficient time for the other driver to yield safely.
It is important to work with an attorney to build a strong case that accurately identifies each party’s negligence and helps negotiate the highest amount of compensation you may be entitled to. Drivers are advised to uphold their Duty of Care while driving, as failure to do so could result in greater negligence and a reduced chance of receiving full compensation.
Contact a Skilled Attorney to Learn About Your Potential Legal Rights
Injured in a failure-to-yield car crash? Contact The Bongiorno Law Firm to get connected with an experienced car accident attorney. Our lawyers have a history of securing favorable results and getting clients the compensation they need. There are no upfront costs or fees when we represent your case.
The Bongiorno Law Firm. Experienced Lawyers. Proven Results: (516) 741-4170
