In addition to laws that prohibit speeding, driving while drunk, and texting behind the wheel, state law enforces various regulations that establish appropriate driving behavior. Particularly important are the rules that address who has the right of way under specific circumstances, and what drivers with and without right of way are expected to do in those situations.
A dedicated car wreck attorney could use evidence of a right of way violation to argue negligence on another driver’s part and seek compensatory damages for the injured party. If you were in a wreck because someone else neglected the rules of the road, a Pueblo failure to yield accident lawyer could help.
Section 10.2 of the Colorado Driver Handbook establishes numerous right of way rules applicable to drivers in Pueblo. For example, at a four-way intersection, drivers must yield the right of way to the motorist who reached the intersection first or, if two or more cars approach at the same time, the driver on the right.
A driver who proceeds through an intersection without right of way, merges dangerously onto a highway, cuts someone off during a lane change, or takes any other action that violates the rules of the road may cause a serious collision. If an individual causes a crash because of this reckless behavior, this person may be considered legally negligent.
These situations may constitute a breach of duty of reasonable care while driving, and if the ensuing accident resulted in injury to another driver, that injured person could file suit against them for civil compensation. A skilled Pueblo attorney could assess a failure to yield accident case and help an injured party prove liability on someone else’s part.
Since Colorado is an at-fault state when it comes to litigation following car accidents, a person injured has the option to file suit directly against a liable party for all their related losses. Unlike an insurance settlement, a third-party lawsuit or private settlement allows a plaintiff to request both economic and noneconomic damages.
Some of the economic damages that a plaintiff may be able to recover include lost wages, both short-term and long-term medical expenses, repair and/or replacement costs for damage to their vehicle, and loss of future earning capacity. Alternatively, noneconomic damages do not have exact monetary values, but skilled legal counsel could still work losses like pain and suffering, loss of enjoyment of life, and loss of time with family into a settlement demand.
In rare cases, a civil court may elect to levy punitive damages against a defendant who acted particularly egregious or with overt malice. An attorney in Pueblo could help someone injured in a failure to yield accident determine what damage they may be able to recover.
Although all Colorado residents must prove awareness of the rules of the road to receive a driver’s license, not everyone follows these laws at all times. If someone fails to yield and causes an accident as a result, you could find yourself seriously hurt and in need of seasoned legal assistance.
Once retained, a Pueblo failure to yield accident lawyer could help you take stock of your recoverable damages, demonstrate another driver’s civil liability, and work with you to pursue appropriate financial restitution. Call today to discuss your legal options.