Failure to Yield Car Accidents in San Jose

State law clearly states how and when drivers should yield the right-of-way to other vehicles. If you were caught up in a traffic accident caused by another driver failing to yield, you could have grounds to file suit against them and seek civil restitution for any injuries and losses their misconduct has caused you.

However, even if it seems obvious that someone else is at fault for a failure to yield car accident in San Jose, proving them liable for your ensuing damages can be a complex process. Support from the capable auto accident attorneys at Solution Now Law Firm could be key to building a comprehensive lawsuit or settlement and to assessing and seeking fair compensation for all the long-term effects a wreck may have.

How State Law Addresses Yielding to Other Vehicles

California Vehicle Code § 21800 through 21804 establishes situations in which drivers should yield the right-of-way to others. Firstly, drivers entering intersections must yield to all drivers already within the intersection. When two drivers reach an intersection simultaneously, whether it is controlled by stop signs or not, the leftmost driver must yield to the driver on their right. If an intersection has non-functioning traffic signals, all drivers must stop when approaching the intersection and, if approaching simultaneously, yield to the driver on their right.

Drivers making U-turns or turning left must yield to drivers traveling in the opposite direction. Additionally, drivers must stop when approaching intersections with stop signs and yield when approaching intersections with yield signs. Drivers entering highways also must yield to approaching drivers.

Additionally, all drivers must yield to emergency vehicles with lights and sirens on under all circumstances. Motorists should also yield to pedestrians in marked or unmarked crosswalks. Drivers who fail to yield in any of these scenarios and cause serious harm as a result can be held legally accountable. Our knowledgeable San Jose attorneys could assess whether a driver’s failure to yield breached state traffic laws.

Does Failure to Yield Count as Legal Negligence?

All motorists have a duty to act responsibly while driving. Any successful lawsuit or settlement demand after an auto accident requires establishing that the allegedly at-fault driver directly caused the accident and resulting injuries by doing something reckless, careless, or illegal behind the wheel. Since failing to follow the rules listed above constitutes a violation of the California Vehicle Code, anyone who causes a wreck by failing to yield in San Jose could likely be held legally liable.

That said, courts can use any fault an injured person holds for causing or worsening their injuries against them as a proportional reduction from their final compensation award. An injured person’s own failure to yield properly could constitute partial fault. Guidance from experienced legal counsel could be vital to proving someone else’s fault for this sort of incident and contesting allegations of comparative fault made against the injured party.

Contact a San Jose Attorney After a Failure to Yield Car Accident

Failing to yield in accordance with traffic laws can cause crashes resulting in severe physical, financial, and personal losses. Failing to yield can also make someone civilly liable for compensating these losses. Unfortunately, gathering and presenting compelling evidence of someone’s negligence can be challenging without assistance from tenacious legal representation.

Taking legal action after a failure to yield car accident in San Jose could be easier to handle with a seasoned team of attorneys on your side. Call Solution Now Law Firm today to set up your free case evaluation.