Failure to yield accidents are common, even in a rural state like Vermont. We have rules that all motorists must follow when they approach an intersection or are trying to merge on the highway. Unfortunately, some motorists ignore these rules and just jump into traffic, causing a preventable collision. Call Larson & Gallivan Law for help with any personal injury case. OurVermont car accident lawyer is eager to assist people who have suffered bodily injuries in a wreck and are trying to negotiate a settlement with an insurance company. We offer this guide to help injured victims understand the legal issues involved with these cases.
Which Driver Must Yield?
There are some simple rules that all drivers should learn in driver’s education. Unfortunately, some people forget when they must yield, or they are in a hurry and refuse to yield because they are in a rush to get somewhere.
Let’s summarize some of the most important rules here.
- Entering a Highway or Merging on the Interstate Highway
When a driver is trying to enter a highway from a private road (like a driveway), then the driver must yield to all vehicles on the highway and not enter until it is safe to do so.
This is also the rule when merging onto the interstate. The cars on the freeway already have the right of way, and you might need to come to a full stop before you try to merge. Only enter the highway when you have room to do so.
- Four-Stop Intersections
At a 4-stop intersection, drivers should follow these rules to prevent an accident:
- The first vehicle to arrive at the intersection and come to a complete stop has the right of way. Other vehicles must yield.
- When two vehicles arrive at the intersection at the same time, then the vehicle on the right has the right of way and other vehicles must yield.
- If the two vehicles are across from each other when they arrive at the same time, then the driver going straight has the right of way, and the vehicle turning left must yield.
- Other Intersections without Traffic Lights
At other intersections in the state, the first driver to arrive and come to a complete stop has the right of way to pass through the intersection. If two vehicles arrive at the same time, then the driver must yield to the motorist on their right.
- Left-Hand Turns
Anyone making a left-hand turn must yield to oncoming traffic. You can only turn when there is room and it is safe to do so. That means you can’t dart directly in front of oncoming traffic. Some intersections will prohibit a left-hand turn, which you must obey.
Proving Liability for a Failure to Yield Accident
Typically, the drivers involved blame each other for the collision. It’s up to the insurance companies to untangle the facts to determine who was supposed to yield.
Some critical pieces of evidence include:
- Statements made by each driver. One might admit that they tried to dart in front of another vehicle when it wasn’t safe to do so, or they tried to merge when there wasn’t room on the highway.
- Third party witnesses. Other people can provide critical information about what happened. These could be drivers in other vehicles, passengers in your car, or bystanders on the sidewalk.
- Dash cam or other video. If the accident happened in a town, then a nearby store could have security cameras pointed at the road. This video evidence might be conclusive proof of who had the right of way. Some cars also have dashboard cameras.
- Physical evidence, including skid marks. Skid marks might show one driver hit the brakes to avoid a crash, which is some proof they aren’t at fault.
Call our office. You have the right to hire a lawyer to help you negotiate a settlement.
Comparative Fault & Failure to Yield Accidents
Sometimes both drivers are negligent. For example, one driver might have jumped onto the freeway when there wasn’t enough room. However, this motorist collided with a driver who was looking at her cellphone and failing to pay attention.
In situations like these, then Vermont’s comparative negligence law comes into play. (12 V.S.A. § 1036.) You can receive compensation if your share of fault is 50% or less. That means you can be equally to blame but not more.
Comparative negligence matters when negotiating a settlement. You might end up receiving less for your damages if you were partially at fault for the collision. For example, if you are 10% to blame for a collision, then you will get 10% less.
What to Do after a Failure to Yield Accident
It’s important to try and document your wreck:
- Call the police to report the accident. An officer can visit the accident scene and create an accident report. This is a critical piece of evidence. Also, if the other driver is acting strange, the cop can check to see if they are intoxicated or high.
- Do not admit fault. You should say as little as possible while waiting for the police. Any statement you make could end up hurting your case.
- Photograph the vehicles involved. Get a few photos of where they ended up immediately after the collision and before you pull them to the side of the road so you aren’t blocking traffic.
- Remember to visit the hospital to have your injuries treated. This step helps document the severity of your injuries. Intersection accidents often leave motorists with whiplash, broken ribs, and head injuries.
- Consult an experienced Vermont car accident lawyer. We can have other tips for you to use in your case. It’s important not to delay calling us.
Our Consultations Are Free
Motorists benefit from hiring an experienced car accident lawyer in Vermont after any failure to yield accident. Our firm knows how to document the crash and increase your chances of winning a fair settlement. We can also negotiate with the defendant or their insurer. Give us a call to schedule your consultation.
