Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.
Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
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.
Partner
Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.
The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.
Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.
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I was uneasy about reaching out to a law firm after being in an accident that left me injured and my vehicle totaled. I don’t care for the idea of suing for what was very clearly an accident. However, after learning more about the overall process of working with a professional team to navigate the murky waters of the insurance world, I was pleasantly surprised to find that the experience wasn’t as gross as I’d originally felt about it.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
