Failure to Yield Accidents
There are many types of accidents that occur on the roads every day in San Francisco. T-bone accidents, head-on collisions, and rear-end crashes are just a few of these. One type of car accident that is not heard of as often, though, are failure to yield accidents. These accidents are just as common, but they are much more difficult to prove. Anyone who is involved in a failure to yield accident should speak to a San Francisco car accident lawyer for help proving their claim.Laws on Yielding in San Francisco
There are a number of laws in San Francisco, and throughout California, regarding yielding and right-of-way. Drivers have a duty to yield to pedestrians who are passing through crosswalks. Drivers who arrive at an unmarked intersection first have right-of-way over other drivers. When one motorist is turning left at an intersection, he or she must yield right-of-way to any driver who is traveling straight through the intersection. These are just a few of the laws in California regarding right-of-way and that dictate when drivers must yield to one another. When any motorist fails to do so, he or she can be held liable in a crash with the help of a car accident attorney in San Francisco.The Laws on Failure to Yield and Negligence Per Se
It is important that all drivers understand the laws regarding right-of-way in San Francisco. This is because when they do not, and they fail to yield when they should, drivers can be found negligent per se. Negligence per se dictates that a person is presumed to be negligent when:
- There is a statute or regulation in place that governs drivers’ behavior
- A motorist violated that statute or regulation
- The violation is the proximate cause for the defendant’s injuries, and,
- The plaintiff had a right to be protected by the statute or regulation
When all of these elements are present during the crash, it is negligence per se. This means that the plaintiff, or person injured, does not have to prove negligence because the other party was negligent per se.
When a person is found to be negligent, or negligent per se, accident victims can then claim compensation for their injuries. That compensation can provide for expenses such as medical costs, lost income, rehabilitation costs, pain and suffering, emotional distress, and more. A San Francisco car accident lawyer can fully evaluate the total damages available and help accident victims claim what they deserve.Hurt in a Crash? Get Help Today
If you have been hurt in an accident because another driver failed to yield, do not file your claim on your own. At Willoughby Brod, LLP, our car accidents attorneys in San Francisco have the experience necessary to know when you had the right-of-way, and when another motorist failed to recognize that. We will work hard to ensure your rights are upheld, and that you recover the full amount of compensation to which you are entitled. If you are injured, call us today at (800) 427-7020 for your free consultation so we can start reviewing your case.