Failure to Yield Car Accidents in Rancho Mirage
Failing to yield to other drivers or pedestrians can increase the risk of having a car accident. When the crash leads to an injury or property damage, a victim can pursue a personal injury lawsuit to recover compensation.
If you were involved in a failure to yield car accident in Rancho Mirage, you should speak with a lawyer at Walter Clark Legal Group as soon as possible about taking legal action. People injured in car accidents have a limited window to file a lawsuit under state law.
What Is a Failure to Yield Accident?
There are several road situations where a motorist must yield to other drivers or pedestrians who have the “right-of-way.” The right-of-way is generally defined as having the legal right to go before another vehicle when arriving at an intersection or merge area at the same time.
The state has several rules in place that regulate when a driver must yield, including:
- Cal. Veh. Code § 21800 provides that drivers approaching an intersection yield the right-of-way to vehicles already in the intersection
- Cal. Veh. Code § 21801 requires that drivers yield to oncoming traffic when making a left turn or a U-turn
- Cal. Veh. Code § 21804 stipulates that drivers entering a highway yield to all traffic until they can safely proceed
- Cal. Veh. Code § 21950 provides that drivers must yield to pedestrians in designated crosswalks
Some specific scenarios where a driver’s failure to yield in Rancho Mirage can lead to an accident are:
- Failing to yield to oncoming traffic when making a left turn
- Failing to yield to highway traffic when attempting to merge
- Failing to yield to a pedestrian in a crosswalk when making a right turn
- Failing to yield to another car when arriving at a four-way intersection with stop signs
- Running a traffic signal or sign without stopping or yielding
Legal Options After a Failure to Yield Crash
When a Rancho Mirage failure to yield collision leads to injuries or property damage, the drivers must exchange insurance information. In many cases, an insurer will designate which party is at fault and reimburse the party that was not for their property damage or bodily injuries.
However, insurance proceeds do not always sufficiently compensate an accident victim for their harm. An injured party may have to file a personal injury lawsuit for negligence against the at-fault driver when insurance does not adequately compensate the victim.
To prove that a driver was negligent, the aggrieved party must demonstrate that the driver breached a duty of care. A driver’s failure to use reasonable care that causes property damage or bodily injury makes them legally responsible for the damage, according to California Civil Code § 1714. Evidence that a driver failed to yield can help prove a breach of care.
A seasoned attorney could help an accident victim determine the best evidence to demonstrate a breach of care in a failure to yield crash.
Potential Damages After a Failure to Yield Collision
Victims who suffer injuries are entitled to damages if they win a personal injury lawsuit stemming from a failure to yield wreck in Rancho Mirage. This includes economic damages, or measurable financial losses, and non-economic damages, which refer to immeasurable harm impacting one’s quality of life.
Some examples of economic damages available from personal injury lawsuits, as set forth in Cal. Civ. Code § 1431.2, include:
- Medical expenses, such as hospital bills or physical therapy costs;
- Lost wages or earnings from missed time at work
- Loss of employment
- Reduced future earning capacity or loss of future economic opportunities
- Property damage
Non-economic damages consist of losses that are immeasurable by a dollar amount, such as:
- Emotional distress
- Mental anguish
- Pain and suffering
- Disfigurement
- Loss of society and companionship
- Loss of consortium with a spouse or domestic partner
- Injury to reputation
- Humiliation.
In general, there is no cap on damages from a personal injury lawsuit. However, a court can reduce a plaintiff’s damages in proportion to their percentage of responsibility when they are also found at fault.
An injured plaintiff’s ability to recover non-economic damage is also limited under California Proposition 213 if they are uninsured, guilty of driving while intoxicated, or another felony during the accident.
Consult a Rancho Mirage Attorney After Failure to Yield Accidents
A legal professional at Walter Clark Group Legal Group could help you weigh your legal options after a failure to yield car accident in Rancho Mirage. You should begin the process of exploring a lawsuit as soon as possible.
Our legal team takes pride in focusing on client relationships over the transactional side of things. If we cannot handle your particular case, we can still inform you about finding trusted co-counsel. Call now to get started.
