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Stuart Failure to Yield Accident Lawyer

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Sharing the road is the basic tenet for safety behind the wheel, and yielding the right-of-way laws are basic common sense. Drivers who are in a hurry, aggressive, or simply inconsiderate, cause serious crashes when they deny the right-of-way to others. Stuart failure to yield accident lawyers have successfully represented those injured by such drivers to hold them responsible for damages.

Violations of the right-of-way follow only careless driving as the most common cause of injury and fatal collisions on Florida roads and streets, according to the 2015 Crash Statistics Report by the Florida Highway Safety and Motor Vehicles. If you find yourself having been harmed by a failure to yield collision, contact an experienced car accident lawyer for information on personal injury lawsuits.

Common Collisions at Intersections

During 2015, failing to yield to others in Florida resulted in 554 deaths, accounting for 19.25 percent of all traffic fatalities in the state. The 28,242 people who sustained injuries made up 17.32 percent of the total injury crashes.

The most common violations of Florida’s yielding laws occur when turning left, ignoring traffic yield signs, running red lights, nearing a pedestrian who is walking in a marked or unmarked crosswalk, advancing toward bicyclists, failing to yield to emergency vehicles or a school bus, and moving out of a parking space.

Failing to yield the right-of-way without causing harm is a non-criminal infraction, and if harm is caused, the Stuart failure to yield accident lawyer can use that fact as evidence in a civil lawsuit as well as any previous violation of the yield law to show a pattern.

Laws Regarding Right-of-Way

Florida’s statute on yielding the right-of-way is thorough. Most motorists know to yield at the presence of a yield sign, and that when vehicles approach a four-way stop sign, the vehicle on the right always has the right-of-way. Vehicles turning left do not have the right-of-way unless turning with a traffic light.

It is the law to yield to:

  • Pedestrians, except those crossing without an intersection
  • Bicyclists when they have the right-of-way
  • Crews working on road projects
  • Buses leaving bus stops
  • Vehicles entering the road at an intersection from the right
  • All traffic when entering a road without a sign or traffic light

Finding Fault

Motorists who fail to yield and cause an accident are negligent, which is defined as acting or failing to act in a way that causes harm to another person, in violation of a responsibility to protect them, called a duty of care. When a driver is negligent, their breach of the legal duty is the cause of the crash, and the crash results in injury, death, property damage, and financial loss.

Florida uses the comparative negligence doctrine. Under it, those who share some fault in causing an accident cannot collect all of the damages they incur. A jury determines how much fault a person bears and damages are reduced accordingly. Therefore, a person who is 25 percent at fault can only collect 75 percent of the damages claimed.

Assessing Damages

The two types of damages are recognized in the law are economic and non-economic. Economic damages include medical and therapeutic expenses, loss of present and future earnings, and property damage. These are proven by receipts for care, and anticipated damages not yet incurred are estimated. It is more difficult to put a figure on non-economic damages. These include pain and suffering, emotional distress, and mental anguish. Stuart failure to yield accident lawyers can evaluate the circumstances of the injury and determine the proper legal course of action at a free, no-obligation consultation.

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