When a motorist has the right of way, all others on the road must yield to him or her. If a driver does not, that failure to yield can result in a collision. This often occurs at intersections or when motorists try to merge.
Failure to yield accidents in Johnstown are particularly challenging in litigation as it can be difficult to prove who had the right of way. By working with a skilled Johnstown vehicle wreck attorney, you could gather the necessary evidence to prove you had the right of way.
Complications with Right of Way Accidents
Motor vehicle accident cases involving a failure to yield are highly dependent on the position of the vehicles on the roadway at the time of the collision. This is because there is often a lot of dispute as to who had the right of way.
For instance, if a driver was merging onto a highway and collided with another motorist, it could be difficult to determine who had the right of way. Perhaps the driver on the highway was speeding, or the person merging failed to check his or her blind spots.
Oftentimes, these cases involve both parties claiming they had the right of way. For this reason, people injured in failure to yield collisions in Johnstown should act fast to collect evidence to prove that a defendant is at-fault.
Proving Liability for a Failure to Yield Collision
Liability is determined based on the physical evidence of the scene, particularly where the impact happened. Since there is more uncertainty as to who is at fault, insurance companies often try to pin some of the fault on the claimant. Insurers may say the plaintiff was speeding, failed to check his or her blind spots before changing lanes, or had time to avoid the collision but did not.
By gathering sufficient evidence, a local attorney could help the person injured in a wreck prove the other driver failed to yield. Evidence of defendant liability could include:
- Photographs of the vehicles positions and damage
- Testimony from drivers and witnesses
- Police report
- Video footage
- Testimony from reconstruction experts
- Road signage and traffic lights at scene
A seasoned Johnstown lawyer could utilize this evidence to put together a strong claim against the defendant driver and prove he or she failed to yield to the right of way.
Discuss Failure to Yield Accidents with a Johnstown Attorney Today
Proving that another driver failed to yield to your right of way is an extremely difficult endeavor to pursue without legal guidance. Defendant drivers and their insurance companies will often fight back against these allegations to minimize their fault and avoid paying damages.
Fortunately, working with an experienced local attorney could help people injured in failure to yield accidents in Johnstown recover the financial recourse they are owed. Our lawyers at Marcus & Mack could help you gather and preserve the necessary evidence to hold the liable party accountable. Call today to schedule your free initial consultation.