A driver’s careless and negligent failure to yield, stop or otherwise avoid an accident creates liability in just about any California traffic accident, no matter how tragic the resulting injuries to the victim might be.
Free Consultations For California Car Accident Victims
If you or a loved one have been injured as a result of another driver’s failure to yield, stop or otherwise avoid an accident, our team of experienced and knowledgeable California car accident lawyers at Maison Law can help you. Attorney Martin Gasparian founded Maison Law after years of working for California’s oldest law firm, giving our team valuable insight into how insurance companies approach accident claims.
At Maison Law, we’ll make ourselves available to speak with you at no cost whatsoever. Contact us today to schedule a free initial consultation with one of our skilled California car accident lawyers.
California Car Accident Statistics
Because of its large population, California is annually among the leaders in car accidents nationwide. The California Highway Patrol (CHP) tracks car accident data statewide with its Statewide Integrated Traffic Records System (SWITRS). According to its 2019 report, California car accidents accounted for the following statewide:
- 3,737 fatalities
- 269,031 injuries
- 3,438 fatal accidents
- 187,211 accident injuries
- 06 Deaths per mile
The report further uncovered that failure to yield or stop accidents accounted for the following in 2019:
- 30,006 injuries
- 225 deaths
What Does Failure To Yield Mean In California?
In California, as in other states,“failure to yield” means that you didn’t give the right of way to the right person at the right time. As such, failure to yield or stop is closely related to the “right of way.” Generally speaking, the right of way refers to the right to use the road (in certain situations). Not every driver has the right of way at stop signs or crosswalks, and the right of way is usually determined on the timing and placement of your car compared to others.
Further complicating the matter is that right of way works slightly differently in each county, because of local laws and regulations. Still, right of way is usually determined by the following conditions:
- The driver who is currently using the road has the right of way.
- Pedestrians always have the right of way when there is a crosswalk (marked or unmarked).
- The driver who got there first usually has the right of way, then second, and so on.
Failure to yield the right of way not only can cause accidents, but you will also be ticketed for doing so. Even if you fail to yield accidentally, if you are stopped by the police, you will likely receive a ticket. And if the officer believes you did so intentionally, the ticket and punishment will be a bit more severe.
Injuries Caused in Accidents Involving Failure to Yield, Stop, or Avoid an Accident
A wide range of injuries are caused by accidents involving a failure to yield stop or avoid an accident. Although the severity of those injuries varies from accident to accident, they’re more severe when the victim is a motorcyclist, bicyclist or pedestrian. Those people are virtually exposed and unprotected in the event of an accident. They have no steel bodies or frames around them and no airbags or seat restraint systems. Here are some of the common injuries that our clients have suffered when another motorist fails to yield, stop or otherwise avoid an accident:
- Traumatic brain and spinal cord injuries.
- Damage to internal organs.
- Multiple fractures.
- Spine and joint damage.
- Damage to the body’s soft tissues.
- Cuts, abrasions and infection.
- Wrongful death.
As with any car accident, failure to yield or stop can include injuries and damage to your car. Depending on the severity of the collision, your injuries and damage could be serious, in which case you’ll need extensive medical care on top of your car being totaled. What this means is that you’ll need compensation for your injuries and damages so that you can pay your bills.
Seeking Compensation for Injuries and Damages
When a motorist fails to yield, stop or otherwise avoid an accident and causes a crash, he or she can be held liable for injuries and damages suffered by a victim. California courts generally allow the following types of damages to be put into evidence in a personal injury case:
- Past medical bills connected with the accident and medical bills from the accident that are reasonably expected to be incurred in the future.
- Past lost earnings in connection with the accident along with any earnings reasonably expected to be lost in the future.
- Pain and suffering resulting from the accident.
- Any permanent disfigurement or disability resulting from the accident.
- Loss of enjoyment of life as a result of the injuries.
- Funeral and burial costs along with other substantial damages if the victim died from the injuries that he or she suffered in the accident.
Additionally, a jury may award you punitive damages if the at-fault driver was deemed to be negligent or reckless when they caused the accident. These damages are designed to punish the defendant further, and are also used as an example to discourage similar behavior in the future.
Contact an Experienced California Car Accident Lawyer Today
Suffering a car accident by someone that failed to yield or stop can leave you feeling helpless and frustrated. Aside from mechanical breakdown, just about any car accident can be traced to a failure to yield, stop or reduce speed to avoid an accident. If you were seriously injured or lost a loved one in a car accident anywhere in California that was caused by the carelessness and negligence of somebody else, contact us as soon as possible here at Maison Law.
At no cost to you, we can talk, and you can tell us what happened, how it happened and how it has affected you and your family. We’ll answer your questions truthfully, and if we are retained to represent you, we’ll begin building your case piece by piece while you’re still healing. Our objective will be to obtain the maximum compensation that you deserve. Contact us as soon as you can after being injured or losing a family member in any type of an accident.
