When another driver fails to yield the right-of-way, it can cause a devastating accident. Failure to yield accidents in Decatur often involve T-boning or rollover collisions that result in substantial harm and property damage. Fortunately, a skilled local attorney could assist you with holding the responsible party financially liable for their wrongdoing.
Understanding the Right-of-Way
Failure to yield involves failing to follow the right-of-way rules in the Illinois Vehicle Code. When someone has the right-of-way, it means they have the legal right to go first on the road. In many cases, this is indicated by a traffic sign or light.
Typically, local attorneys see collisions where one driver will illegally enter an intersection or make a lane change when they do not have the right-of-way and cause an accident. In those situations, a lawyer would look to prove the claim for negligence due to their failure to yield the right-of-way at the intersection.
Why Can Fault Be Difficult to Identify in Failure to Yield Collisions?
In the absence of dashcam footage or interviews from eyewitnesses, in many cases, failure to yield wrecks can result in inconsistent statements from the drivers of both vehicles about who has the right-of-way. In these situations, the police or the investigating police agencies have to make a judgment call based on the credibility of the witnesses, the damage of the automobiles, and the physical evidence at the scene.
As such, making a liability determination in failure to yield cases can be more complicated than in other cases because of challenges in determining fault. Sometimes drivers will have conflicting stories, perhaps the road signs or intersection markings may be confusing, or there could be temporary lane changes due to construction zones. Whatever the situation, it is a good idea for an injured driver to work with an experienced Decatur lawyer as soon as they can to gather evidence that will help prove the failure to yield case.
Decatur Auto Insurance Challenges
In failure to yield cases, insurance companies are more likely to try to assert that an injured person has some share of fault. This may be because the at-fault driver’s insurance company is taking their insured’s word for what happened in the accident. However, insurance companies also have an incentive to try to assign as much comparative fault as they possibly can under Illinois law to an injured person. After all, insurance company profits are driven by paying as little as possible in claims.
In Illinois, the comparative fault system would reduce the amount the insurance company would owe for the accident. If they are successful in proving the injured party was more than 50 percent at fault, then the injured party would not have the right to recover from the insurance company at all. An experienced attorney in Decatur could ensure the insurance company does not falsely accuse the claimant of failing the right-of-way or causing their own harm.
Discuss Failure to Yield Accidents with a Decatur Attorney
Proving defendant fault for failure to yield accidents in Decatur is a difficult task without guidance from a helpful attorney. Our dedicated and compassionate team could assist with interviewing eyewitnesses, investigating the police report, and getting photographs of the scene and damage to the vehicles. If dashcam footage is available, we could also collect and review that video, along with other evidence. Call our office today to schedule a free consultation.