Unfortunately, if a motorist fails to yield to oncoming traffic, the resulting damage can be devastating. Failure to yield accidents in Castle Rock often result in catastrophic injuries and even fatalities.
If you were struck by another driver when you had the right of way, you could be eligible for financial compensation. For this reason, you should consider speaking with a skilled local attorney who could review your case and help you decide how best to move forward with your claim.
Castle Rock follows the state of Colorado law. Under Colorado Revised Statute 42-4-703, if a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past the yield side without stopping, such collisions shall be deemed evidence of the driver’s failure to yield the right of way.
Additionally, in that same statute it states that the driver of the vehicle approaching the yield sign in obedience to such sign shall slow to a reasonable speed for the existing conditions. If required for safety to stop, a motorist must stop at a clearly marked stop line or before entering the cross walk on the near side of the intersection. The driver then has a view of the approaching traffic on an intersection roadway before entering it, which constitutes them having the right of way.
Sometimes a motorist may fail to yield to the right of way due to traffic lights or yield signs working or being posted incorrectly. This could result in a motorist entering an intersection without a green light or attempting to make a left-hand turn without yielding to oncoming traffic. Additionally, sometimes a driver’s vision can be obscured or blocked by other vehicles, shrubbery, or buildings, resulting in them pulling out in front of oncoming traffic.
The biggest complication in these cases is going to be the duels between both parties because both will claim the other caused the collision. For example, one party may argue that the other driver was past the yield sign without stopping or that the driver in oncoming traffic was speeding.
One effective way a local attorney could investigate a failure to yield case is to hire what is called an accident reconstruction expert. A reconstruction expert can identify issues such as the speed each person drove in the accident, the severity of the crash, if the yield was proper based on the conditions at the time, and the behaviors of the drivers during the accident.
Determining liability in a failure to yield case will involve questions of fact, as the injured party and the at fault party will have different opinions on what happened. Since their stories may compete against each other, the court will have to take a look at all of the individual facts and the credibility of any witnesses that come forward in making a determination of liability.
An insurance company’s role is to try to deny any compensation to the injured party. What they are going to do is strive in every way to say that the injured party was at fault, or at least has some percentage of liability. Especially here in Colorado, insurers would state that that person had at least 50 percent liability, so then no one gets paid out. The defense is going to do whatever they can to find any holes in the injured party’s story in that right of way case, so it is imperative to work with an attorney in Castle Rock who could build a strong claim.
Working with a skilled legal team is very helpful after failure to yield accidents in Castle Rock because you then have a team of people on your side to help you out. That group of dedicated professionals could work hard to help you build a strong case.
You need a team that is going to communicate with you every step of the way. Whether that be by email or phone, our team can educate you on each step of the process from getting medical treatment, to filing the demand, to negotiating, to potentially even filing for litigation and going to trial. Call today to get started.