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Failure to Yield Right of Way Accidents in Las Vegas, Nevada

Posted by: on Fri, May 10, 2013

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Failure to Yield Right-of-Way Accidents in Southern Nevada

Many of the accidents that happen in Las Vegas, Nevada, are due to a driver’s failure to yield the right-of-way. This is one of the leading causes of accidents, especially involving motorcycles, and many times the driver claims that he or she did not see the motorcycle. When many drivers are in situations where they need to yield the right-of-way to other vehicles, they look for cars and trucks but fail to see or recognize motorcycles. They proceed and through their negligence, they cause an accident. According to National Safety Council statistics, 13.896 of all fatal motor vehicle accidents involved a driver’s failure to yield the right-of-way. More than seven thousand people died because a driver failed to give another motorist the courtesy of the road. Failure to yield right-of-way accidents are responsible for approximately 15% of all car crashes. A failure to yield accident is a car collision that is caused by a driver’s refusal to follow right-of-way rules. Many motor vehicle accidents, particularly side-impact collisions, pedestrian accidents and collisions with bicycles are caused by a failure to yield the right-of-way.

These accidents can be very dangerous, and motorcyclists especially can often sustain life-threatening injuries. If you have been injured in such an accident, or if a loved one has lost his or her life because of a failure to yield accident, you need to call a Las Vegas law firm who knows how to handle failure to yield/right-of-way cases. The attorneys at Albright Stoddard Warnick & Albright have the experience needed to handle cases such as this and will be able to guide you through your case from start to finish.

Right‑of-way is probably one of the most misunderstood of all driving rules. It simply refers to a motorist’s right to cross an intersection ahead of another vehicle. This rule was established to determine the order of preference of all vehicles traveling on our streets and highways. Without right-of-way rules, driving would be a mass of confusion, with drivers always trying to beat each other through an intersection. Right-of-way rules are designed for all of our safety.

Failure to Yield/Right-of-Way Lawyers in Las Vegas, Nevada

We understand that you need time to think about the accident as well as what it means for you and your family. However, it is important to speak with a personal injury attorney as soon after the accident as possible, when the details are fresh in your mind. You can speak with our attorneys in a free initial consultation, where you can tell us your story about the accident. We will be able to help you determine the best way to proceed with the case, and you will not have to pay any legal fees unless you win money for your right-of-way accident case.

Failure to yield accidents can cause many thousands of dollars in medical bills as well as lost wages. Before you speak with anyone about settling your case, you should take the time to talk with our Las Vegas lawyers. We want to help you receive the fair compensation you deserve for your injuries.

Right-of-way refers to the general rules about who goes first when the paths of two vehicles (or a vehicle and a pedestrian or bicycle) intersect. Failure to yield accident lawsuits are complex because it is not uncommon that the party that collides with another vehicle is the accident victim. The failure of the other driver to yield puts the accident victim in a situation where crashing into another vehicle is unavoidable.

The other driver’s insurance company may use this situation in an attempt to persuade you to waive your rights or to settle the case on unfavorable terms. The other driver’s insurance adjuster does not have your interest at heart and has only one goal in mind, which is to avoid liability or minimize the compensation for your claim.

There are many types of failure to yield accidents in Nevada including the following:

  • Failure to yield to vehicles with right-of-way at a stop sign
  • Failure to yield to oncoming traffic when making a left-hand turn
  • Failure to yield at a pedestrian cross walk or when the pedestrian otherwise has the right-of-way
  • Failure to yield to cross traffic at a red light
  • Failure to yield to an emergency vehicle when its lights and siren are engaged
  • Failure to yield to traffic in the street when backing out of a driveway or parking lot
  • Failure to yield when entering a freeway from an onramp

These are only a few examples of failure to yield accidents that can result in catastrophic injuries requiring a lifetime of rehabilitative care and astronomical medical expenses. If you have been in a Nevada car accident and the other driver did not yield the right-of-way, you may have a claim against the driver, the owner of the other vehicle and others for the following:

  • Medical expenses
  • Lost income/wages
  • Pain and suffering (includes physical pain, disfigurement, disability and emotional distress)
  • Cost of future care
  • Other related damages

Failure to yield the right-of-way may seem like a minor violation, but it can have serious consequences. When a driver fails to yield the right-of-way, it can cause road rage and unsafe retaliatory behaviors that could result in a car accident and serious injuries or fatalities.

Most often, these types of failure to yield accidents occur at intersections, where broadside collisions commonly result. There are many root causes behind an at-fault driver failing to yield the right-of-way, including operating under the influence, speeding, texting-while-driving, poor weather, etc. The experienced Las Vegas accident attorneys at Albright Stoddard Warnick & Albright will launch the most thorough investigation possible to prove negligence and liability.

At-Fault Drivers are Often Reluctant to Admit Liability

When failure to yield accidents occur, it is imperative to launch a thorough and swift investigation. Many times, liable drivers, their lawyers, and insurance companies will not admit they were actually at fault. Sometimes, the party that is actually at fault for the accident is struck by the victim’s vehicle, creating a confusing and complex situation for responding police officers and other investigators. Insurance companies of liable drivers may try to exploit this situation to get their insured “off the hook” for the accident.

Talk to Us before Speaking with Any Insurance Company

It is important to never admit fault following a failure to yield car accident, even if you believe you may be liable. Any statement made to an insurance company, even if made innocently or nervously, can be used to damage your case. Instead, you should try to record the facts of the accident as completely as possible, including taking photographs of the scene and the vehicle, if at all possible. Next, you should receive any medical care you think necessary, including a thorough examination after the incident to rule out any injuries that are not immediately apparent. Finally, you should contact one of our experienced litigation attorneys at Albright Stoddard who will examine the facts surrounding the accident, hold at-fault drivers accountable for their negligence, and get you fair and full financial compensation for your damages.

What are some of the precautions you can take to prevent right-of-way accidents? A relatively simple solution is to yield the right-of-way in every situation, whether or not it is required by law. To be more specific, if there is any doubt about there being enough room to pass on a narrow stretch of roadway, let the other vehicle go first. When entering a freeway, yield the right-of-way to vehicles already traveling the freeway. Those vehicles should not have to alter their speed or swerve to make room for your approach. Don’t jump the gun at a four way stop. The first to come to a complete stop should be given the right-of-way.

Since failure to yield the right-of-way is the second most frequent violation involved in fatal accidents, a good driver should be thoroughly familiar with right-of-way rules. Knowing when you do have the right-of-way is not as important as knowing when you don’t. By following the basic rule that it is the responsibility of every driver to do everything possible to protect other drivers and pedestrians, we will greatly reduce the possibility of an accident.

Remember, accidents don’t just happen; many are caused by drivers who violate the rules of the road. Obey these rules, drive safely and whenever in doubt, yield the right-of-way.

Motorcycles, motor scooters and bicycles have the same right-of-way that cars do. They have a right to use an entire lane, and motorcycles have a right to ride between lanes in some states (called lane splitting).

Sometimes other motorists don’t seem to understand or honor these rights, and they fail to yield the right-of-way.

If you were injured by a negligent driver, or your loved one was killed when a car or truck failed to yield, call us at 702-384-7111.

Injuries Caused by the Failure of Cars and Trucks to Yield the Right-of-Way to Motorcyclists

Collisions with cars and trucks are the most common type of accident, and the most common cause of these accidents is the other driver’s failure to yield the right-of-way.

  • Sideswiping a motorcycle because the driver didn’t check his or her blind spot can lead to crushed leg injuries and possible loss of a foot
  • A car turning in front of a biker without signaling can cause the biker to collide head-on with the car causing head injuries, or to lay the bike down causing road rash, leg and arm fractures, broken hips and pelvis and spinal cord injuries
  • Crowding a biker out of his or her lane, causing him or her to run off the road or pushing him or her into oncoming traffic can have deadly results.

When failing to yield the right-of-way leads to an accident with injuries, the injured biker deserves compensation.

Contact Our Attorneys in Las Vegas at Albright Stoddard

At the Albright Stoddard Law Firm, we work on a contingency fee basis, which means we never charge our clients a dime. We get paid as part of the eventual settlement or verdict. Contact our attorneys in Las Vegas for a free case evaluation, but do so quickly. There are time limits, called statute of limitations, which govern how long you have to bring your personal injury claim involving a failure to yield the right-of-way in a car or motorcycle accident.

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.