Failure to yield is defined by Colorado Statute §42-4-703, which states that if a driver is involved in a collision at an intersection after traveling past a yield sign without stopping, this accident is deemed prima facie. This means that there is evidence of a driver’s failure to yield the right of way.
Right of way is also defined in this statute and entails a driver approaching a yield sign, slowing to a reasonable speed for existing conditions, and, if required for safety, stopping at a marked stop line. If there is no stop line, before entering the flow of traffic, the driver should yield the right of way by slowing or stopping for oncoming vehicles.
When a driver fails to give the right of way at the necessary time, it could lead to a serious accident. If you were involved in a Colorado Springs failure to yield accident, you should speak with a dedicated attorney who could help you file a claim for damages.
These accidents may occur when traffic drivers with the duty to yield have obscured views when trying to merge into oncoming traffic. A failure to yield accident also may happen when a motorist enters an intersection with a green light to make a left turn, and another car collides with the turning vehicle. A skilled attorney could examine a case and identify how an accident occurred and how this may impact the claimant’s case.
Identifying fault in failure to yield accidents can be complicated because both the plaintiff and the defendant can reasonably argue about who had the right of way at an intersection or whether or not one driver passed a yield sign without stopping. Determining liability involves reviewing what happened at the time of the accident and how the at-fault party interprets the situation. The court then assesses the case, the totality of these facts, the credibility of the witnesses, and any other information necessary to make liability determinations.
In some cases, there are road signs present, which could impact liability. However, such circumstances may vary on a case-by-case basis. In rural areas, yield signs may not be present, but in Colorado Springs, this typically is not the case.
One effective way that a Colorado Springs attorney may investigate a failure to yield case is to hire an accident reconstruction expert who could help determine the speed that the drivers were traveling at, the severity of the collision, and the possible behaviors of the motorists leading up to the accident. In a failure to yield case, these behaviors could be whether or not either party gave the proper right of way, stopped, or if they went through an intersection without following proper traffic rules.
Insurance companies investigate these collisions to determine which party had the right of way and who may be liable. If their insured driver is liable, the insurance company may search for any evidence that could shift fault from their driver to the other party. Adjusters may do this by trying to find inconsistencies in the other party’s story.
Working with a law firm as opposed to a single practitioner for a case means that the claimant has more than a single attorney. Drivers who work with law firms could have a group of dedicated professionals on their case who want to fight for what is best for the injured party. With multiple members of staff focused on one case, there are checks and balances in place to ensure that all issues of the case are thoroughly addressed and investigated.
Because Colorado Springs failure to yield accidents can bring about several legal challenges, it is especially important to have a team by your side. To learn how our firm could help you, schedule an initial case consultation today.