Irving Failure to Yield Accident Lawyer
Establishing liability in a failure to yield accident can be very complicated, and may require assistance from a skilled attorney. If you or a loved one were severely injured in a motor vehicle crash due to a negligent motorist, an Irving failure to yield accident lawyer could help your case. A knowledgeable car accident attorney with a thorough understanding of the laws governing these cases could investigate the cause of your crash, determine the responsible party, and advise you of your best legal options.
Causes of a Failure to Yield Collision
Failure to yield collisions can happen in one of several different ways. One common scenario is when two or more vehicles are at a four-way stop, and a driver does not give the right of way to oncoming traffic, causing a collision. These types of crashes can also happen when a driver disobeys a traffic light or sign that is indicating they should stop, turns left in front of an oncoming car, or does not yield the right of way when merging onto a freeway or highway.
Determining Legal Responsibility
To file a claim for damages, the injured party’s attorney must be able to show who is legally responsible for their losses. Legal responsibility is proven under the doctrine of negligence. To establish negligence, the plaintiff will need to prove the following: the other driver for damages:
- The at-fault driver owed the injured person a legal duty of care
- The at-fault driver neglected or breached their statutory duty
- The at-fault driver’s neglect of their legal responsibility was the reason the person was injured
- The person’s injuries caused them to sustain compensable damages
An experienced Irving failure to yield crash lawyer could help the claimant understand how the negligence doctrine applies to their case and assist them with determining legal responsibility.
The Statue of Limitations to File a Claim
It should also be noted, that when both the injured party and the other driver share legal responsibility for what happened, the individual’s recoverable damages could be impacted. According to Texas Civil Practice & Remedies Code § 33.001, the injured party could still obtain damages if their percentage of legal responsibility does not surpass 50 percent. The person’s compensation would be reduced based on their percentage of liability. If, however, the injured party is more than 50 percent responsible for the accident, the law forbids them from receiving compensation.
An Irving attorney could help the claimant file a personal injury lawsuit to recover their damages caused by a failure to yield wreck. The injured party could get compensation for their lost wages, pain, suffering, medical expenses, mental distress, emotional anguish, and more.
Depending on whether the at-fault party acted intentionally or with gross negligence, the court may grant a separate category of compensation called punitive damages to the injured person. Punitive damages punish the at-fault individual while reminding others of the potential consequences should they decide to follow a similar course in the future.
Speak with an Irving Failure to Yield Accident Attorney
An Irving failure to yield accident lawyer with extensive legal knowledge and a broad range of experience would work hard to obtain favorable case results. An attorney could alleviate the stress of filing a personal injury claim and manage all components of your case from beginning to end.
Call now to discuss your legal options.