Failure to Yield Accidents
People should do their best to exercise caution and safety while on the roadway. The many laws and regulations affecting traffic are designed to help us accomplish those goals and protect us from harm. Unfortunately, there are a variety of reasons why some careless drivers fail to yield at stop signs, intersections, and pedestrian crosswalks, resulting in unnecessary and harmful crashes. Experienced car accident lawyer Adam Baron has helped many injured individuals in Naples and the surrounding regions pursue the compensation that they deserve after being involved in a failure to yield collision.Establishing Liability through a Negligence Claim
Car accident cases are a type of personal injury action, which usually requires a person seeking compensation to prove that the defendant acted negligently. There are four steps in proving this claim. The first step involves showing that the defendant, usually another driver, owed you a duty of care. The duty of care requires motorists to operate their vehicles with the same ordinary care and skill that a reasonably prudent driver would use in similar circumstances. This includes accounting for any road hazards or obstructions, weather conditions, or traffic that would require a driver to alter his or her behavior on the road.
Next, the victim must prove that the defendant’s conduct failed to meet this standard. This is called a breach. A failure to adhere to applicable traffic laws, including stopping at intersections and stop signs, generally constitutes a breach of the standard of care.
The third part of a negligence claim requires a plaintiff to show that the defendant’s breach of the standard of care was the cause of his or her injuries. Causation is a legal term. Courts have interpreted it as requiring that the plaintiff prove that his or her injuries would not have occurred but for the defendant’s breach and that the harm was reasonably foreseeable.
The final step in a negligence lawsuit requires the plaintiff to offer supporting evidence for the damages that he or she is seeking in the lawsuit. If the victim is claiming medical expenses, he or she will typically provide copies of medical bills to show the amounts incurred. Other common examples include physical therapy costs, lost wages, pain and suffering, and loss of future earning capacity. A failure to yield often results in severe crashes, including t-bone collisions or head-on collisions. It is important to see a medical professional as soon as possible after being involved in a failure to yield accident to determine and document the nature and scope of your injuries.Seek Legal Guidance in Naples after a Motor Vehicle Accident
Victims of a failure to yield accident or another motor vehicle collision in the Naples area can consult dedicated injury attorney Adam Baron. I have counseled accident victims throughout South Florida, including in Fort Myers, Coral Springs, Miami, Tamarac, and North Miami Beach. I offer a free initial appointment to help you understand your rights and options. Contact us online or call us at one of our regional office locations to set up your appointment now. You can call us in Broward County at (954)-247-4878, in Miami-Dade at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.