When one vehicle is on the highway and another motorist is merging onto it, the driver without the right of way has an obligation to yield to the vehicle with the right of way. This rule also applies at four-way stops, where whoever gets there first has the right of way.
Collisions occur when a motorist proceeds without having the right of way, and then is in the path of another vehicle that has the right to be there. Failing to properly yield can result in catastrophic accidents.
If you or a loved one were harmed by a negligent driver, you might benefit from speaking with an Altoona failure to yield accident lawyer. An experienced vehicle wreck attorney could build you a personalized case to meet your specific needs.
If a car is struck from behind, it is often easier to prove that the driver of the back car failed to maintain and ensure clear distance ahead. In a head-on collision, if the impact is clearly in the plaintiff’s lane, it is clear the other driver crossed the line and is liable for the crash.
However, in a failure to yield case, it becomes much more difficult to know which vehicle had the right of way. The facts are much more tenuous, making it harder to recreate what happened, and the testimony of the drivers and eyewitnesses is important.
For example, in cases where one motorist is making a left in front of an oncoming car, the oncoming driver has the right of way. However, if the oncoming driver was speeding, it could be argued the motorist making the left turn would have had enough room to make that turn if the other driver had been following the speed limit.
This makes determining who is liable for the incident challenging. An experienced lawyer in Altoona could help those injured in a failure to yield accident build a case minimizing his or her fault.
The defendant’s insurance company is going to take the position that the plaintiff is wholly or partially at-fault for the accident. Insurers may argue that the claimant was not the first one at the stop sign, or that the defendant was not speeding and plaintiff pulled out in front of the defendant.
In order to do this, insurance companies often try to obtain a recorded statement very early on in a failure to yield case, often before an Altoona attorney is hired, so they may ask misleading or one-sided questions. With that recording, they make a written transcript of what the claimant said. This makes it difficult to prove a defendant’s fault, so it is best practice to contact a skilled lawyer before speaking with insurance companies.
One of the first things an Altoona lawyer looks for when investigating a right-of-way crash is the physical evidence. This includes analyzing which parts of the vehicle were impacted, the electronic data recorder, and the black box on the vehicle. This could determine a driver’s speed and breaking. An attorney may also collect testimony from people who saw the accident.
The legal team at Marcus & Mack have the knowledge and resources to help you build a strong case against the negligent party. If you were struck by another motorist when you had the right of way, it is imperative you seek legal guidance. An Altoona failure to yield accident attorney could review your case and guide you through the legal process. Schedule your initial case consultation today for free.