If you have ever driven a car in Philadelphia, you probably know that failure to yield accidents are a common occurrence on our roads and intersection. Typically, car crashes in which motorists fail to yield the right of way are associated with severe injuries and even fatalities, especially when pedestrians, bicyclists, or motorcyclists are involved.
“Under Pennsylvania law, there are many ‘failure to yield’ offenses, but what all of them have in common is that these accidents are 100 percent preventable and are caused by negligent or careless driving,” says our Philadelphia failure to yield accident attorney at The Law Offices of Greg Prosmushkin, P.C.
More often than not, failure to yield accidents occur when a motorist fails to yield the right of way at a pedestrian crosswalk or fails to yield to another vehicle that has the right of way. These accidents usually become criminal offenses when someone gets injured in a right-of-way accident.
How do failure to yield accidents occur?
A large percentage of car accidents in which one of the motorists fails to yield the right of way occur when the motorist makes an “unprotected turn.” In these accidents, when stopped at a stop sign or red light, a negligent driver enters the intersection without caution and does not yield to pedestrians in the crosswalk or other vehicles that have a green light.
Our experienced failure to yield accident attorney in Philadelphia explains how motorists must behave when they arrive at an intersection. When two vehicles are at an intersection and there is a red light or stop sign, all motorists have a duty to yield to the motorist arriving first. All motorists arriving at an intersection must yield to any vehicle that is lawfully within the intersection.
If another motorist failed to yield the right of way to you when you were lawfully within the intersection or you had a green light, the other motorist will be held responsible for any injuries and damages caused by that accident.
Examples of failure to yield accidents in Pennsylvania
Some of the most common examples of failure to yield accidents include but are not limited to:
- Not yielding to oncoming traffic when making a left turn
- Not allowing emergency vehicles (ambulances, police vehicles, fire engine) the right-of-way when their sirens are engaged
- Not yielding to children entering a crosswalk or in a marked school zone
- Not coming to a complete stop at stop signs or red lights (the so-called “rolling stop”)
- Not yielding to pedestrians within the marked crosswalk or who have the right-of-way
- Not yielding to bicyclists when making a right turn
- Not yielding to vehicles from crossing traffic at a blinking red or yellow light
- Not yielding to motorists, bicyclists, motorcyclists, or pedestrians who have the right-of-way when pulling out of the roadway from a parking lot or side street or merging onto a freeway
How to prove that you had the right-of-way?
In the vast majority of failure to yield accidents, the motorist who violated traffic laws or committed a crime will deny his or her negligence. This is possible due to the fact that determining liability in failure to yield accidents can be tricky, which is why it is always advised to seek legal help from a skilled car accident lawyer in Philadelphia or elsewhere in Pennsylvania.
An experienced lawyer can assist you with building a strong legal case by collecting the following pieces of evidence:
- Police report
- Speaking to witnesses
- The other driver’s driving history
- The other driver’s cell phone records (when the accident was caused by cell phone use or distracted driving)
- Photos from the scene
- Video footage from the scene (traffic surveillance cameras, videos from eyewitnesses, cameras from nearby buildings, dashboard cameras, etc.) and
- Comparing the exact time of the crash against the traffic light’s automated programming to determine which party had the right-of-way at the time of the accident