Failure to Yield Accidents
One of the leading causes of motor vehicle accidents in Florida and elsewhere is the failure of a driver to yield the right of way to another vehicle, pedestrian, or bicyclist. Failure to yield accidents can result in serious injuries and even death, causing emotional devastation and financial turmoil to the victim’s family. The experienced Pembroke Pines car accident attorneys at Cohn & Smith can help people whose lives have been altered by careless drivers.Holding a Negligent Driver Liable for a Failure to Yield Accident
Although drivers are expected to know and obey the rules of the road, including laws pertaining to yielding the right of way, thousands of accidents happen each year because a driver failed to yield while executing a turn, proceeding through an intersection, entering a highway, or approaching a crosswalk. When a driver does not yield the right of way as required by law, he or she can potentially be held liable for the resulting injuries and damages.
In order to hold the negligent individual accountable, a plaintiff must make out a case of negligence. This begins with an analysis of the duty of care that the defendant owed the plaintiff. In failure to yield cases, this duty is usually found in the state’s statutory laws or perhaps a city’s municipal code. The plaintiff also must show that the defendant breached the duty that was owed to the plaintiff. In failure to yield cases, this is usually a factual issue. Witness testimony and physical evidence may be offered in order to establish the correct version of the facts.
Once a plaintiff has shown that the defendant owed and breached a legal duty, the burden is then on the plaintiff to show that the defendant’s breach of duty caused an accident and that the accident resulted in damages. If the plaintiff can prove all four elements of negligence, he or she must then prove the amount of damages to which he or she may be entitled. This can include pecuniary losses, such as lost wages and medical expenses, as well as nonpecuniary losses, such as pain and suffering.
In some failure to yield accident cases, the defendant may try to shift part of the blame onto the plaintiff through the doctrine of comparative fault. Under Florida’s pure comparative fault rule, a defendant is entitled to a reduction in damages proportionate to the percentage of fault that a victim contributed to an accident. Comparative fault thus can reduce a plaintiff’s compensation, but it does not completely bar recovery unless the victim is proven to be 100% at fault.
In both personal injury and wrongful death lawsuits, there is a statute of limitations that establishes the time limit for filing a claim. Failing to file suit in a timely fashion almost always results in a dismissal of the case once it is actually filed. An attorney knowledgeable in negligence law can review a case to determine the date upon which the limitations period will run, as well as the applicability of other procedural requirements, such as the giving of notice in cases involving possible municipal liability.Discuss Your Car Accident Case with a Pembroke Pines Attorney
If you or a loved one has been hurt in a failure to yield accident, you should speak to an attorney who can help you gather evidence and file the appropriate paperwork in a timely fashion. Serving Pembroke Pines residents and other accident victims, the knowledgeable motor vehicle collision lawyers at Cohn & Smith will be glad to discuss your case with you at your convenience. For a free initial consultation, call us at 954-431-8100 or contact us online. We can assist injured individuals in cities across South Florida, such as Pembroke Pines, Hollywood, Davie, and Aventura.