Failure to Yield Accidents
There are a number of situations in which one driver must yield to another in Texas. Unfortunately, some people pay no attention to this duty to yield and aggressively enter intersections or merge onto the highway without considering the potential consequences. Injuries in a failure to yield accident can be severe, including broken bones, spinal cord damage, and traumatic brain injuries. If you were hurt in the Dallas area because of another driver’s carelessness, you can consult the car accident lawyers at Feizy Law Office to explore your options and determine whether you may have a claim.Seeking Compensation from a Negligent Driver
Most failure to yield car accidents are the result of negligence by one or more drivers. In order to establish negligence, a crash victim must prove a duty of care, a breach of the duty, actual and proximate causation, and quantifiable damages. In the context of motor vehicle collisions, the duty of care is broadly defined as doing what an ordinary, reasonable person would do behind the wheel in similar circumstances.
However, in some personal injury cases, a victim can establish a defendant's negligence as a matter of law by showing that he or she violated a Texas law or regulation that was designed to prevent harm to a group of people to which the victim belongs. This rule is called negligence per se. The Texas law or regulation in that case defines the standard of reasonable care, and the jury will only need to decide if the defendant committed the act that was prohibited by the law or regulation, if the defendant's action was the cause of the accident, and if the victim sustained damages that can be compensated.
Under Texas Transportation Code section 544.003, the Transportation Commission designates preferential right of way at an intersection with stop or yield signs. Generally, a driver who approaches an intersection controlled by a stop or yield sign must stop and yield to drivers who do not have a stop or yield sign. In Texas, if someone was required to obey a yield sign and is involved in a collision because he or she fails to stop, the collision is prima facie evidence of failure to yield.
If you are able to establish negligence or negligence per se, you likely will be entitled to the full range of damages that you may be able to prove. These include economic or tangible costs, such as medical bills, lost wages, out-of-pocket expenses, and vocational rehabilitation. Economic damages are forms of compensation that do not vary based on the subjective opinions of jurors. You may also be entitled to non-economic damages, such as mental anguish, loss of consortium, and pain and suffering. Non-economic damages are subjective and may vary based on how a jury perceives your case.Protect Your Rights by Consulting a Garland Lawyer after a Collision
If you are hurt in a failure to yield accident near Garland, you may be concerned about paying your bills. Bringing a motor vehicle collision case with the assistance of an experienced attorney can alleviate some of your concerns and help you pursue any damages to which you may be entitled. Call Feizy Law Office at (214) 651-8686 or complete our online form to set up a free consultation. We represent crash victims in cities such as Arlington, Fort Worth, Irving, and Plano.