Failure to Yield Car Accidents in Colleyville

When you or a loved one were injured by another driver’s failure to yield, you could pursue a personal injury claim to recover monetary damages. Another driver’s direct involvement in failure to yield car accidents in Colleyville could legally count as negligence, which may help your claim.

However, filing a personal injury claim, let alone going through with a lawsuit, is not an easy task to do alone. You should not be afraid to ask for help. One of our dedicated car accident attorneys could advise you about your legal rights and inform you about which state laws impact your case.

The At-Fault Party Must Have a Duty of Care

To prove negligence, an injured party must first establish that the defendant owed a duty of care. For example, Colleyville drivers involved in failure to yield car crashes generally have a duty to adhere to applicable traffic laws.

If the at-fault driver had a duty of care, the plaintiff must prove that they breached that duty of care. A personal injury lawyer can help gather the relevant evidence to prove the breach in court.

Examples of breaches can include driving at an excessive speed, running a stop sign or red light, or driving while intoxicated. A lawyer could also help a client obtain applicable government records about the crash, such as police reports.

Once the plaintiff has established that the duty of care was breached, they must show that the breach was the actual cause of their injuries. The injured party must prove that the breach was the proximate cause of their injuries or that the harm was a predictable consequence of the defendant’s negligent actions.

Finally, a plaintiff must show that they suffered damages as a result of the negligent actions. Plaintiffs in the state can pursue economic or noneconomic damages. The state also allows injured people to pursue punitive or exemplary damages under Texas Civil Practices & Remedies Code § 41.001 to further penalize the defendant for gross negligence.

State Laws That Can Impact Personal Injury Claims

The state has certain laws that apply to all vehicle crash injury cases that can impact your right to bring a claim or limit your monetary recovery from a Colleyville failure to yield case.

For instance, the state’s statute of limitations in Tex. Civ. Prac. & Rem. Code § 16.003 provides that a plaintiff must bring a personal injury claim within two years of the date of the incident that caused the harm. The court can dismiss an otherwise valid negligence claim if it is not brought within this time.

An attorney could help determine if exceptions to the statute of limitations exist for a particular claim. If the injured party is a minor, Tex. Civ. Prac. & Rem. Code § 16.001 provides that the tolling period does not begin until they turn 18 years old. The statute also has exceptions for victims with legal disabilities or an unsound mind.

The Victim’s Negligence Can Limit or Prevent Monetary Recovery

The state’s modified comparative negligence rule can prohibit recovery if the Colleyville plaintiff has contributed negligence to the events leading to the failure to yield crash.

Under the state’s modified comparative negligence rule, a plaintiff is completely barred from recovering damages if they are more than 50 percent responsible for the negligence that caused the accident, Tex. Civ. Prac. & Rem. Code § 33.001.

In cases of comparative negligence, the court will establish a percentage of fault for each party involved in the accident under Tex. Civ. Prac. & Rem. Code § 33.003. If a plaintiff is under the threshold, the court will reduce their damages by the percentage of their responsibility, as required by Tex. Civ. Prac. & Rem. Code § 33.012. A court can also hold multiple defendants jointly and severally liable under Tex. Civ. Prac. & Rem. Code § 33.013.

Reach Out to a Colleyville Attorney About Failure To Yield Car Collisions

You should consult with an attorney immediately if you were injured in failure to yield car accidents in Colleyville. The state has time limits on claims that can prohibit your lawsuit if you delay.

One of our attorneys could help gather evidence to show that a motorist engaged in negligent behavior that violated their duty of care to get you the financial compensation you deserve. Contact us today.