One of the many lessons that drivers have to learn before they are licensed to operate a vehicle is on the issue of yielding to other road users. While most of them adhere to traffic rules regarding the right of way, some act in absolute disregard for motorists, bicyclists, and pedestrians. When two vehicles are approaching an intersection, one driver must give up the road. If that doesn’t happen, the aftermath can be fatal.
If you have suffered serious injuries following a failure to yield accident in Texas, you may have a claim against the negligent driver. You will want a Katy failure to yield accident lawyer from Lone Star Injury Attorneys to get you maximum recovery for your injuries. Our seasoned legal teams have years of experience and will use our expertise to get you the compensation you are entitled to. We represent all our clients on a contingency fee basis, which means we only get paid if your case is successful and you get paid.
Drivers don’t necessarily need to come across a yield sign to give up the right of way. Some scenarios make it mandatory for them to do so, but not all drivers stop when they should. State laws require that they yield in every appropriate situation, whether there are yield signs or not. Most failure to yield accidents occur when a driver:
If a driver’s failure to observe the above-mentioned rules results in a failure to yield crash, an accredited Katy attorney may initiate civil charges against them.
Like many other personal injury cases, your failure to yield accident case will be determined based on fault. The party that bears liability will compensate you for your economic and non-economic losses. However, their fault would have to be 51% or higher on the other driver.
Apart from being an at-fault state, Texas also allows for comparative negligence through the Texas Civil Practice and Remedies Code 33.001. In what may be regarded as one of the downsides of this rule, your compensation is reduced based on your percentage of fault. For example, if you are awarded $200,000 as settlement, and you bear 40% of the fault, your final value will be less this percentage, making it $120,000. A seasoned failure to yield accident attorney will discuss how such systems work and help you recover maximum compensation.
Following an accident, you will be at a crossroads trying to establish what course of action is best for you. To begin with, most personal injury cases are settled through negotiations with an insurance company. But that is just the start, you may also decide to forego negotiations and head straight to court. To a great extent, your decision to proceed to trial or settle out of court is dependent on two major factors which are:
If you suffered serious and permanent injuries, you may want to have your case determined by a jury. Through your lawyer, you may also be eligible for punitive damages in your failure to yield accident case. The best thing about going to court is that you stand to get a better deal than when dealing with insurance companies. So if someone was killed, or you suffered huge financial losses following an accident, your case should be determined by a jury.
Sometimes, working with insurance companies can be traumatizing. Apart from trying to lower your claims, insurance adjusters may also try to deny liability altogether. Holding talks with profit-oriented companies may be draining. If your insurance company is not cooperating, you should proceed to trial. However, if your attorney strikes a fair deal, then settling out-of-court could be the best option.
The decision to retain an attorney for your case is perhaps the biggest you can make in your quest for compensation. However, finding a law firm that listens and discusses your case to the fullest might be a problem. Since not all lawyers are accredited to practice personal injury law, you must find one from a reputable law firm that invests in every case.
Our Katy failure to yield accident lawyers listen intently to matters at hand and ensure that you are part of the process from the start to finish. To talk to us, please schedule a FREE case evaluation right away. We are here to listen to you.