Miami Failure to Yield Car Accident Lawyer
Some car accidents are caused by a driver’s failure to follow simple rules. Red lights, stop signs, and yield signs are there to adjust the flow of traffic and ensure that drivers do not enter the intersection until the road is clear. When drivers are in a hurry, they disregard many of these rules and may cause serious traffic accidents.
If you or a loved one was injured at an intersection or on a highway because another driver failed to yield, talk to a personal injury attorney. These kinds of accidents can result in serious injuries that may entitle you to substantial compensation. Miami failure to yield car accident lawyer Prosper Shaked may be able to take your case and fight to get you the compensation you need to cover medical expenses, lost wages, and pain and suffering. For your free consultation, contact The Law Offices of Prosper Shaked today at (305) 690-0244.
Determining Fault in a Failure to Yield Accident in Florida
Yield signs are a common traffic control device. Many yield signs are used in place of stop signs or red lights in locations where stopping traffic would slow things down too much. Yield signs are usually affixed to merge ramps, rather than right-angle intersections. Some yield signs are used to allow right turns at red lights, and others are used for on- or off-ramps on highways. Failing to follow these signs can mean dangerous car accidents.
Yield signs are usually positioned along roadways where one lane of traffic continues straight, and the second merges into the first. When a driver fails to yield, that often puts them straight into a lane of moving cars. Because these cars are already moving, sometimes at highway speeds, it can be difficult for them to react quickly to cars that unexpectedly dart in front of them. This is how many failure to yield accidents occur.
Yielding is required by law in various situations, even without a yield sign. When an accident occurs in an intersection with a yield sign, the automatic assumption is that the car that had the yield sign caused the accident. In other situations, drivers should know to yield, even without a sign. For instance:
- A driver must yield to oncoming traffic before driving around an obstacle that blocks their lane;
- Drivers must yield to construction and public transit vehicles pulling into their lane of traffic;
- Drivers must yield to cars in a funeral procession;
- Drivers must always yield to vehicles already in the intersection;
- If two cars approach an intersection at the same time, the driver on the left must yield to the driver on the right; and
- Cars must yield to pedestrians.
Since drivers must yield to other cars already in the intersection, this may include highway ramps. The car waiting to merge may not be able to fit, and the driver should adjust speed or wait before entering the highway. Whenever a driver violates any of these rules, they could be deemed at-fault for any accident they cause.
Suing for Failure to Yield Car Crashes in Miami
In a car accident case, you usually have a couple ways to seek compensation. First, you may be able to file through insurance. Especially under Florida’s “no-fault” insurance rules, you may have at least $10,000 worth of coverage to help you no matter who was at fault for the accident. However, if your injuries are permanent in nature or are severe enough to require more than $10,000, you may be able to file a car accident lawsuit against the other driver and their insurance coverage.
Filing a lawsuit may open additional damages you would otherwise not be entitled to. Both insurance claims and lawsuits can award damages for medical expenses and for lost wages if your injuries were severe enough to keep you form work. However, car accident lawsuits may give you access to additional damages for your pain and suffering.
Winning a personal injury lawsuit usually requires showing four elements:
- The other driver owed you a duty;
- The driver breached that duty;
- The breach caused your injury; and
- You suffered injuries a court can compensate you for (called “damages”).
Florida’s traffic laws usually help prove the first two elements: duty and breach. If the traffic signs or circumstances gave the other driver a legal duty to yield, and they did not yield, half the elements of your case are already satisfied.
Miami Car Accident Attorney
If you or a loved one was injured in a car accident that involved someone merging into your lane of travel, driving around an obstruction in their lane, or driving through a yield sign, talk to an attorney today. Filing a car accident lawsuit can help you recover compensation for medical expenses, lost wages, and pain and suffering. For a free consultation on your Miami failure to yield car accident, call The Law Offices of Prosper Shaked today. Our number is (305) 690-0244.