As you approach busy intersections on Texas roads, you expect motorists, pedestrians, motorcyclists, and other road users to give up the right of way at one point. Whether it’s at a roundabout, exiting a highway, or parking lot, someone must yield to the party with the right of way.
Unfortunately, some motorists fail to yield for many reasons. As a result, innocent persons end up paying the price for their negligence. If you think your accident was caused by a motorist who failed to give up the right of way as required, call Lone Star Injury Attorneys today. Our La Marque car accident lawyers may help establish whether the duty of care was breached and also assist you in pursuing a monetary recovery.
What You Must Prove in a Failure-to-Yield Accident Case
Anyone who is injured in a La Marque failure-to-yield accident must demonstrate negligence before they can recover compensation. Proving negligence generally involves showing proof that the other party failed to behave reasonably and flouted a certain standard that they ought to have maintained. Essentially, you must prove the following elements of negligence:
Duty of Care
First, you must prove that the other party, now referred to as the plaintiff, owed you a duty. In cases involving traffic crashes like failure-to-yield accidents, the duty is fairly straightforward. All drivers must follow traffic rules for public safety. They must, therefore, behave responsibly as prevailing circumstances dictate.
Breach of Duty
The next step in proving negligence following a failure-to-yield accident is showing how the duty was breached. Again, this is usually a very simple proposition in auto wreck cases. Any disregard for traffic rules automatically amounts to a breach of duty. All you need to demonstrate in your case is that the other driver failed to yield as required. The defendant incurs liability whether the breach was intentional or not.
Causation
Texas laws also require the plaintiff to show a proximate or direct causation. Simply put, the defendant’s actions or inactions that amounted to a breach of duty must have caused the injuries suffered by the plaintiff. This link between the breach and harm caused is referred to as causation. To prove this, you will need medical documentation and testimonials from expert witnesses.
Damages
Damages in a personal injury case or wrongful death claim involving a failure to yield accident may be tangible or intangible. They are the losses a victim or the surviving estate of a deceased person suffers. When filing a failure to yield accident case, you also need to prove the damages you seek compensation for. Depending on your losses, the compensation you can recover may be in the form of lost wages, medical expenses, rehabilitation costs, property repair costs, lost future income, permanent disability, emotional anguish, physical pain, and suffering, among others.
For a free legal consultation with a failure to yield accident lawyer serving La Marque, call (832) 449-8230
Fault in a Failure to Yield Accident
Liability in a failure to yield accident may not be obvious even when it seems so. Many times, the driver who fails to give up the right of way is to blame. However, other parties may be at fault too. Hiring a knowledgeable personal injury lawyer in La Marque allows for thorough investigations regarding the circumstances of your accident. With the help of accident reconstructionists, highway experts, automobile engineers, and other experts, liability may be established on the following parties:
Vehicle Owner
The owner of a vehicle involved in a failure-to-yield accident may be held responsible for improper vehicle maintenance or negligent driver hiring. Because they have a duty of care to maintain their safety and that of other road users, any form of negligence on their part may set them up for civil cases.
Driver
Drivers are oftentimes at fault for failure-to-yield accidents involving drunk driving, distracted driving, inexperienced driving, road rage, and speeding. A skilled La Marque failure to yield accident attorney can help you file a claim with the other driver’s insurance company for compensation.
State Agencies
Sometimes negligence on the part of municipalities and state agencies may cause tragic failure to yield accidents. For example, traffic lights at an intersection may be faulty, therefore causing confusion among motorists. In such scenarios involving government agencies, a knowledgeable La Marque failure to yield accident lawyer is critical for identifying grounds on which to sue the responsible agencies or parties. Construction companies may also be sued for unsafe road designs and unmarked intersections or yield areas.
La Marque Failure To Yield Accident Lawyer Near Me (832) 449-8230
Free Case Evaluation
If you wish to discuss your legal options after a failure to yield accident, call us today. Our failure to yield accident lawyers in La Marque are available for a free case evaluation. Please fill out our online contact form right away.
Call or text (832) 449-8230 or complete a Free Case Evaluation form