Hammond Failure to Yield Accident Lawyer
Any operator of a motor vehicle that is entering a roadway from a parking lot or a stop sign, or merging with traffic has to yield the right-of-way to the vehicles traveling on the roadway. Someone who comes to a stop sign is under a duty to stop, look both ways, and make sure it is safe to enter the roadway. If they do not exercise that caution, that is considered a failure to yield. Individuals must make sure that it is safe to enter the roadway.
If you or a loved one were injured in a car accident due to the negligent actions of another, seek help from a Hammond failure to yield accident lawyer. They could help prove your case in court to help you recover compensation for your damages. Schedule a consultation with a skilled car accident attorney to learn about your rights and how to protect your interests.
What Constitutes The Right-Of-Way?
On any roadway that has a side street, the side street is going to have a stop sign or signal light. Unless the operator on the side street has a green light, the roadway in which they are entering, crossing or turning will have the right-of-way.
The same can be said for any motor vehicle that is entering a roadway from a parking lot. Any motor vehicle that is entering a controlled access highway, such as Interstate 10, 12 or 55 in the Hammond area, must yield to the traffic traveling on the interstate because the vehicles traveling have the right-of-way over any operator of a motor vehicle entering the interstate. Individuals should speak to a Hammond failure to yield accident attorney to determine which party had the right of way before the collision occurred.
Liability and Identifying Fault
Sometimes the motorist on the highway who has the right-of-way may be violating the rules of the road themselves. A common example would be an individual who is entering the roadway from a parking lot, looks to the left to make sure it is safe to enter and turns right causing a collision.
A close investigation may reveal that the driver of the vehicle that had the right-of-way was exceeding the speed limit by a great extent, and this would be comparative fault on the driver of the vehicle that had the right-of-way. For example, there could be a situation where a left-turning motorist from a side street which is controlled by a traffic signal begins to turn and the vehicle traveling on the roadway to which that individual is turning fails to stop. That involves a collision where both parties are indicating that they had the right-of-way. A diligent Hammond failure to yield accident attorney could review the evidence and determine which party is ultimately at fault for damages.
Insurance Companies Determination of Responsibility
In making their initial determinations regarding an accident, most insurance companies will:
- Look at the crash report
- See what determination the investigating officer made
- Whether that investigating officer issued a traffic citation for failure to yield
Sometimes, their insured is the party at fault. The investigating officer may determine they are at fault but they may deny their responsibility. In that situation, insurance companies will sometimes hide behind their insured’s denial of fault and contest the liability. An experienced Hammond attorney could have their own accident investigator to determine liability to help the injured claimant recover compensation after a failure to yield crash.
Investigating a Collision
A knowledgeable attorney will investigate a failure-to-yield case by:
- Reviewing the crash report
- Talking to the witnesses
- Visiting the crash scene
- Obtain witness statements
- Review photographs taken by the parties and the investigating officer
- Review any dash cam video or vest video via Freedom of Information Act
- Check with the Department of Transportation and Development, the City of Hammond or the Parish of Tangipahoa to determine if they have any traffic cameras operating in that intersection or section of highway
- Determine if any business establishments in the area have any video that would encompass where the crash took place
Schedule a Consultation With a Hammond Failure to Yield Accident Attorney
There are many factors that could affect liability in a failure to yield accident such as the determination of right of way. Handling the legal aspects of your case alone could be challenging. Seek help from a dedicated Hammond failure to yield accident lawyer. They could review your claim, speak to witnesses, gather evidence, and review the police report to help determine which party is responsible for damages.
With the help of a well-practiced attorney, you may be eligible to recover compensation for your damages and injuries. Call today to get started on your case.