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Can You File a Claim for Injuries Suffered After a Failure-to-Yield Car Accident?

Thursday December 7, 2023

Right-of-way laws are one of the most commonly broken types of driving regulations. When someone else’s failure to yield results in a car accident, you can file a car accident injury claim.

However, recovering injury compensation after a failure-to-yield car accident isn’t always easy. Often, you need a skilled lawyer on your case who will work to prove how the other driver broke the law.

What Is a Failure to Yield?

Plenty of driving laws are impossible to ignore. For example, it’s difficult to miss a brightly lit red light hanging over an intersection. However, other traffic laws aren’t so obvious.

Most drivers learn the basic rules for determining right-of-way as teenagers going through driver’s ed. If it’s been a few years — or even a few decades — since you first learned the rules of the road, it can be easy to have a mistaken idea about how to determine right-of-way in a given driving situation.

In addition to right-of-way laws not always being clearly posted, failure to yield often occurs due to reckless or distracted driving. Even if a driver knows who has the right-of-way, they might disregard the rule or fail to notice the other car.

Connecticut driving laws cover right-of-way rules in a variety of driving situations. Some of the most basic right-of-way laws every Connecticut driver is expected to know and respect include the following:

  • Drivers making a left turn must yield to oncoming traffic
  • Drivers exiting a driveway must yield to traffic on the main road
  • Bicycles and scooters must yield to pedestrians
  • Drivers must yield the right-of-way to a signaling bus trying to merge
  • Drivers must yield the right-of-way to pedestrians walking to an ice cream truck
  • Fines double for failing to yield to pedestrians, bicycles, and scooters

If a driver does not have the right-of-way and causes a car accident as a result, they can be deemed at fault for the crash. Once another driver is considered to be the at-fault party, their insurance provider can be made to pay for injuries to others involved in the crash.

Who Can File Claims for Injuries in Connecticut Car Accidents?

Anyone who suffers injuries in a Connecticut car accident can attempt to seek injury compensation through a personal injury claim. This includes:

  • Drivers
  • Passengers
  • Parents of injured minors
  • Pedestrians
  • Bicyclists
  • Electric scooter drivers

Successfully recovering personal injury compensation first requires proving fault. This is a key reason why it’s essential to work with an experienced Connecticut car accident lawyer.

You can’t recover injury compensation over failure to yield unless you were injured and can provide medical documents and bills to back up your claim. Even if you were injured, you don’t automatically qualify for personal injury compensation.

Instead, you need to provide proof of the circumstances of the accident. This includes proving how the other driver failed to follow a right-of-way law and how that action is what ultimately caused the crash.  

Car accident lawyers help individuals injured in a crash recover the injury compensation they need. Sometimes, however, right-of-way accidents result in death. When someone dies in a right-of-way crash, a lawyer can also help you recover wrongful death compensation.

What to Do After a Failure to Yield Accident

Have you been involved in a failure-to-yield accident? If so, you can take certain steps to protect yourself and increase your chances of recovering the injury compensation you need.

For instance, you should always call the police and file a police report after a failure-to-yield crash, even if injuries or vehicle damage were minor. If possible, it also helps to take photos of the accident scene and obtain contact information for any eyewitnesses.

In addition, you should immediately see a doctor and have yourself checked for injuries after a crash, even if you think you haven’t been badly injured. Remember that some car accident injuries have delayed symptoms. Seeing a doctor helps establish the crash as the cause of any injuries you might not discover until later.

Finally, you should consult a Connecticut car accident attorney before you file an insurance claim or speak with an insurance agent. A car accident lawyer can advise you on your options and help you fight to recover the injury compensation you qualify for.

Frequently Asked Questions

How Does a Lawyer Prove the Other Driver Was at Fault?

A lawyer needs to collect proof showing that the other driver’s actions meet the legal definition of negligence. This is achieved by showing that:

  • The other driver had a duty of care
  • The driver’s failure to yield right-of-way violated that duty
  • You were injured as a result of that violation
  • You can prove the damages you suffered

After you prove negligence, you can try to recover compensation.

What Kind of Delayed Injuries Can Happen in a Failure to Yield Crash?

Many different types of injuries can have delayed symptoms. For example, a spinal injury might not be evident immediately. However, over time, it can lead to expensive surgeries, lost wages, chronic pain, and reduced mobility.

Who Can Recover Compensation After a Fatal Failure to Yield Crash?

You can attempt to pursue wrongful death compensation over a failure-to-yield crash if you were an immediate relative of the deceased. Usually, this only includes parents, spouses, and adult children. You can also file a claim on behalf of minor children if you are their legal guardian.

Call Our Connecticut Car Accident Attorneys Today

Kennedy, Johnson, Schwab & Roberge has been recovering compensation for injured clients in Connecticut since 1988. We’re proud to hold a long track of recovering fair car accident compensation.

If you’ve been hurt in a Connecticut failure-to-yield accident, our experienced Connecticut car accident attorneys may be able to help you recover the injury compensation you need. Schedule your free consultation and learn how we can help by calling Kennedy, Johnson, Schwab & Roberge today.

Get in Touch

Schedule a Free Initial Consultation

At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.

Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today.

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