Failure to Yield Accidents
When you are in a car accident, it is important to consult a legal professional before talking to the other party's insurer. You also should not admit any degree of fault, accept payment for damages, or sign paperwork before consulting your own attorney.
To recover damages, you may need to prove the other driver's negligence. This means that you must establish the defendant driver's duty of care, a breach of that duty, causation linking the breach to the crash, and actual damages. Every individual has a duty of care behind the wheel that includes obeying traffic rules. Failing to yield at an intersection or a ramp onto a highway usually constitutes a breach of that obligation. However, there may be ambiguous situations when it is not clear what happened or who is at fault. In those cases, it may be appropriate to retain an accident reconstruction specialist or forensic engineer to look at the damage to the vehicle and debris or skid marks at the scene, and review the testimony to reconstruct what happened.
When there are multiple parties, and it is not clear who had the right of way and who failed to yield, the defendant may allege comparative negligence. Florida follows a pure comparative fault rule. This means that an individual who is partially at fault for an accident can recover damages, but the compensation award will be reduced by his or her percentage of responsibility. A crash victim can recover from any defendants held liable according to their percentages of fault.
For example, a driver might arrive at an intersection controlled by a four-way stop just before another car gets there. This person and the other vehicle both proceed at the same time. The other car is making a left turn and crashes into the vehicle that had the right of way. However, the intersection was wide, and the victim had enough time to avoid the accident. He or she continued on the same path because he or she was distracted and putting on makeup. In this situation, a jury might find that the injured person was 25% at fault, and the other car was 75% at fault. If the total damages are $100,000, the victim might be able to recover up to $75,000 from the defendant if he or she succeeds in a negligence claim.Contact an Ocala Attorney to Discuss Your Auto Accident
At the Dean Law Firm, our lawyers represent individuals who are injured in Ocala and surrounding areas due to auto accidents that result from someone else’s careless actions. Damages that we may be able to help you pursue include lost income, medical bills, out-of-pocket expenses, and pain and suffering. We can negotiate with insurers, opposing parties, and their attorneys on your behalf, and when necessary we have the experience to take the responsible parties to trial. Call us at 352-387-8700 or contact us via our online form. We represent victims in Crystal River, the Villages, and other Florida communities, including those in Marion, Sumter, Lake, Citrus, and Levy Counties.