Like other states, Vermont has right-of-way rules which allow for traffic to flow in an orderly fashion. These rules come into play at intersections, on the highway, and in parking lots. Unfortunately, too many motorists are in a rush to get to their destination, so rules go out the window. These drivers fail to yield as required, causing accidents and injuries.
Call our law firm to speak with aVermont car accident lawyer about your case. Our firm can answer your questions and, if hired, begin gathering evidence to identify fault for your failure-to-yield accident.
Where These Accidents Happen
We see failure-to-yield accidents whenever a motorist does not allow another vehicle to proceed first. These accidents happen wherever traffic is congested, including:
- Intersections. Stop signs and lights instruct motorists how to proceed through the intersection. However, some drivers will ignore these rules and try to scoot through first.
- Highways. A motorist trying to enter the freeway must yield the right of way to cars already on the road. Impatient drivers might wedge themselves in when there is insufficient room.
- Parking lots. Following right-of-way rules allows for motorists to easily pull in and out of parking spots. Some drivers cut ahead. Also, a motorist trying to exit the parking lot must yield to traffic already on the road, but an impatient driver might lunge into traffic.
- Right-hand turns on a red light. Although Vermont law allows drivers to make a right-on-red turn, the driver must yield to pedestrians in the crosswalk. Some motorists fail to check first—and pull straight into a pedestrian.
- Emergency vehicles. Motorists must yield for emergency vehicles like ambulances and firetrucks. Some motorists refuse to pull over out of the way.
Even though Vermont is a rural state, we see failure-to-yield accidents in towns of varying sizes, as well as on the state’s highways. Contact our office if you were injured and need legal assistance.
What Causes Failure-to-Yield Accidents?
There are some common reasons why failure-to-yield accidents occur:
- Driver impatience. A motorist might be in a hurry to get to their destination, so they are uninterested in stopping at a light or letting another vehicle pass through the intersection first.
- Distraction. A motorist looking at a cell phone or arguing with a child in the backseat might not see an intersection up ahead or a car trying to cross in front of them.
- Road rage. An angry or aggressive driver will cut ahead and end up causing an accident.
- Ignorance. Some drivers do not know the right-of-way rules. For example, if four vehicles arrive at a four-way intersection, the car which arrives first should proceed first. Some drivers don’t remember these basic rules from driver’s ed class.
- Poor visibility. Fog might make it hard for a motorist to see other cars on the interstate, which causes them to merge when there isn’t room.
- Intoxication or drug use. An intoxicated motorist will be less likely to stop as required, often because they can’t see properly or their coordination is impaired.
Were You Hurt in a Failure-to-Yield Accident
When a driver fails to yield, they can cause various accidents:
- Sideswipes. These accidents are common on highways when a driver tries to merge without sufficient room. One or both cars could go flying off the road after hitting each other in a parallel fashion.
- T-bone accidents. These side-impact crashes occur at many intersections, especially when a driver runs a red light.
- Rollovers. One car might roll over when it is struck, especially in a failure to yield accident. The car might roll into a ditch or into oncoming traffic.
- Head on collisions. To avoid a crash, a motorist might take defensive action, including yanking the steering wheel to the left. Consequently, they could end up in the other lane and get struck head on.
- Rear-end collisions. A car might slam into a car ahead of it when failing to yield.
- High-speed collisions. Speeding motorists can cause more injuries when they crash at high speeds into other cars on the road.
These wrecks often result in broken bones, concussions, whiplash, cuts, bruises, and back injuries. Reach out to an experienced personal injury attorney in Vermont for help.
Why Failure-to-Yield Accidents Are Difficult to Win
These are challenging cases because it might not be obvious who had the right of way. In many accidents, both drivers involved claim they had the right of way and blame the other for failing to follow common sense rules. Insurance companies are left with conflicting versions of what happened.
At Larson & Galivan Law, we build up a strong evidentiary base for every claim we accept. We can rely on:
- Witness testimony of which driver failed to yield. This is why you should always talk to witnesses after any car crash.
- Any dash cam or security camera footage which recorded the accident. Security cameras are common in parking lots of big box stores.
- Physical evidence, such as a debris field, which can show how the cars collided and their speed. Take a picture of the cars and the surrounding area.
Contact an attorney quickly. One mistake is giving any type of recorded statement, where you might blurt out something you do not fully intend to.
Fault can be shared in Vermont accidents. Under12 V.S.A. § 1036, an injured victim can receive compensation only so long as their share of fault is not greater than the defendant’s share. In practice, this means you cannot sue if you are 51% or more at fault.
Damages in a Failure-to-Yield Accident in Vermont
A settlement should include compensation for:
- Medical bills
- Replacement of lost income or wages, if you could not work because of the crash
- Car repairs or other property damage
- Pain and suffering
- Mental distress
If a loved one perished in an accident, we can possibly bring a wrongful death claim. That claim provides compensation for surviving family members to cover losses such as lost services or income.
Contact a Vermont Car Accident Lawyer Today
Larson & Gallivan Law has obtained many settlements on behalf of clients injured in common auto accidents. Call us to learn more about whether we can help. We can discuss our process in more detail in a consultation and address any of your concerns.
