College Park Failure to Yield Accident Lawyer
Accidents in College Park caused by a vehicle’s failure to yield means that there are circumstances that a traffic control device was not followed, or that another vehicle with the right of way was cut off in some way by the at fault driver who failed to yield the right way. Many times, this occurs in boulevard cases where there is a main road that is considered “the boulevard” and there are side streets from which vehicles are entering onto the boulevard and must yield the right-of-way to those on the boulevard.
Injuries from a car accident can be life-changing and frustrating, especially when they are due to the negligence of another driver.
If you, or a loved one, have been injured as a result of an individual’s failure to yield, it is important to contact a knowledgeable College Park car accident lawyer as soon as possible so that you have the opportunity to receive compensation for your injuries. An experienced attorney will be able to guide you through the legal process while fighting for your rights. In addition, by having a lawyer who is familiar with the College Park area on your side, they will be able to provide knowledge about the road laws in order to build a strong case.
Circumstances Causing Accidents
Yielding means the driver slows down or comes to a stop to allow other traffic to go by. The driver cannot proceed until there is an opening with enough space to proceed reasonably and safely. Therefore, if the party that has the yield sign comes out into traffic and there’s an accident, they are deemed at fault for failing to yield the right of way.
These circumstances are somewhat left to discretion of the drivers on the highway and the interaction between them. Failure to yield cases are sometimes more difficult because the drivers’ conduct in relation to one another on the roadway is considered. It is not as clear cut as a rear-end collision or other types of accidents. Failure to yield is more complicated because the conduct of both drivers in terms of what was reasonable in yielding the right of way is taken into consideration.
Violating the Boulevard Rule
In Maryland, the vehicle on the boulevard has the right of way such that vehicles entering the boulevard from side streets and secondary roads must yield the right of way under almost all circumstances to the vehicle on the boulevard. If the at fault driver fails to do that, they violated the motor vehicle laws and the legal notion of the boulevard rule, and are therefore deemed responsible for the accident.
When Exiting a Highway
Another example of a failure to yield occurs when a driver is exiting from a highway onto another roadway. That driver must yield to oncoming traffic. If they fail to do so and move into the traffic without yielding the right of way, they are deemed at fault if there is an accident. Essentially, they cut off the flow of traffic without having sufficient space to move over into the lanes of the highway.
At an Intersection
When vehicles are at an intersection in which all directions are controlled by a stop sign, there are rules of the road that everyone must come to a stop. The question is, who can proceed? The rules of the road indicate that the vehicle to a driver’s right, if they have stopped at the same time, has the right of way, so that vehicle can proceed.
If the other vehicle proceeds at the same time or before that vehicle, they can be deemed at fault for failing to yield the right of way and a collision can result. There are particular roadways controlled by yield signs. That means the highway next to the road with the yield sign has the right of way.
Insurance Companies
Insurance companies evaluate failure to yield types of accidents by evaluating the conduct of both parties in relation to one another. In so doing, they are looking at the drivers’ conduct to determine whether there is primary negligence of one person.
They want to determine the person deemed to have failed to yield the right of way, in conjunction with the conduct of the other person to determine whether they were at all contributory. The insurance company wants to clarify if the other person was reasonable or not in their conduct on the highway.
If they can establish contributory negligence, the injured party can be barred from recovery. Insurance companies thoroughly investigate these cases to establish any unreasonable conduct on the part of the injured party who alleges the other driver failed to yield the right of way.
Benefits of Working with a Lawyer
After being involved in a car accident, it is important to retain an attorney as soon as possible so that a proper investigation can be conducted.
These cases can be very fact intensive, so it is crucial to establish the facts as soon as possible following an accident. The attorney’s investigator goes to the scene to interview any witnesses. If it is unclear if there were witnesses, the investigator searches for them, and he or she also obtains traffic camera footage and any video from nearby businesses. The investigator determines if there were any pedestrians in and around the area who can assist in establishing the facts.
It is beneficial to work with a very experienced car accident attorney who has the resources to ensure that a proper investigation is conducted as soon after the accident as possible. The experienced car accident attorney establishes all the facts necessary to help prove liability and to ultimately maximize the recovery in the case.
