In the state of Louisiana, failure to yield accidents are common. It just takes the driver of a vehicle to not pay attention for a split second, and you could end up with a significant accident, causing major property damage and injuries. If another driver failed to yield and struck your car or hit you while you were biking or walking, you have the right to seek damages for your medical bills and pain and suffering. A failure to yield accident lawyer serving New Orleans, New Orleans east, and the Orleans Parish at Morris Bart, LLC, will be ready to stand by your side throughout a case like this. We will negotiate with the other driver’s insurance company on your behalf, giving you time to focus on healing. Call us at (504) 613-4771 today for a free case review.
A Failure to Yield Accident
According to Louisiana statute § RS 32:123, drivers must obey any stop signs or yield signs at an intersection. They also must obey traffic lights or merge signs. The driver must yield to any pedestrians who are legally in the crosswalk per Louisiana statute § RS 32:212. Failure to do so can result in being issued a traffic ticket or receiving criminal charges. Multiple traffic violations can fit under the umbrella of failure to yield. Any time one driver strikes another driver or a pedestrian at an intersection, it is possible the police may ticket the driver for failing to yield.
For a free legal consultation with a Failure to Yield Accident lawyer serving New Orleans, call 800-537-8185
Proving Your Case
If you choose to bring a New Orleans personal injury lawsuit against the driver who caused your accident, you will need to prove the other driver was acting negligently while driving. Negligence simply means the other driver could have taken action to prevent the accident. It does not mean the other driver meant to cause the accident, but she could still be found negligent in creating the situation that led to your injuries.
Determining Who Was at Fault
In a failure to yield accident, law enforcement often will investigate. The officer studying the accident may choose to issue a traffic ticket to the driver who was at fault. If a ticket is issued, this simplifies proving your case by showing police believe negligence occurred on the part of the other driver.
Other Ways of Proving Negligence
If the police did not issue a ticket, you can still prove the other driver caused the accident and acted negligently. This situation is where working with a trustworthy failure to yield accident lawyer can help you. The other driver’s actions may not have been obvious enough to warrant a traffic ticket, but you and your attorney can investigate the case to find facts that show the other driver could have prevented the accident. Some of the ways we can help include:
- Interviewing witnesses
- Reading police reports
- Viewing photos and video from the scene
- Inspecting the damage to the vehicles
- Hiring an expert on recreating accident scenes
Common Reasons Drivers Make Mistakes
If the driver who failed to yield and hit you was driving recklessly, she could be found to be negligent if you can supply adequate proof of such negligence. Potential reckless driving occurrences include:
- Using alcohol or drugs before or while driving
- Distracted driving
- Fatigued driving
- Driving too fast for the weather or road conditions
- General reckless driving, including an inability to maintain a lane or stay on the marked roadway
At Morris Bart, LLC, our New Orleans car accident lawyers know how to gather facts after a traffic accident. We then will present those facts to the other driver’s insurance company or in court to justify receiving a settlement or award respectively. Contact us at (504) 613-4771.
Understanding a Failure to Yield Crash
Pedestrians, bicyclists, and motorists all could be the victim in a failure to yield accident that another driver causes. According to the Highway Safety Research Group, 14.1% of accidents that resulted in injuries to bicyclists in Louisiana in 2017 occurred because of failure to yield. For motorists, 8.9% of injury accidents involved failure to yield.
Common Physical Injuries After a Car Accident
After a failure to yield crash, you may have suffered significant injuries that required a trip to the hospital. Even if you do not ride in an ambulance to the hospital after the accident, you should make time to visit a doctor as soon as possible. You may have suffered injuries in the crash that do not show up right away. Only a doctor can determine the extent of your injuries and prescribe the proper treatment plan. Some injuries you could suffer in a car crash include:
- Facial injuries or disfigurement
- Traumatic brain injury
- Spinal and neck injuries
- Broken bones
- Internal injuries
- Emotional trauma
Do not ignore these types of injuries, hoping they will just heal. You have the right to seek damages for both your physical and emotional injuries, as well as any work you missed recovering from the accident.
Let Us Represent You and Defend Your Rights
We know the techniques insurance companies use when trying to convince victims to accept a settlement. The insurer deals with these kinds of cases daily, and you hopefully only suffer an injury like this once, so the insurer tends to have an advantage in negotiating with you. That is where a New Orleans failure to yield accident lawyer can be beneficial to you. At Morris Bart, LLC, we take pride in defending victims from all over New Orleans, including in the Orleans Parish and New Orleans East, against insurance companies. We are ready to stand up for your right to seek compensation. Call us as soon as possible at (504) 613-4771 for a free consultation. We work on a contingency fee basis, which means we do not accept payment until you receive compensation.
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