West Palm Beach Failure to Yield Accidents
Failing to yield is a common cause of accidents in Florida. In some cases, a failure to yield happens because a driver does not know he or she does not have the right of way, while in other cases, it results from overly aggressive driving. If you have been injured because of someone else’s failure to yield in the West Palm Beach area, the car accident attorneys at Anidjar & Levine may be able to help you seek compensation.Pursuing Compensation from a Florida Driver Who Failed to Yield
Failure to yield is a noncriminal traffic violation cited under Florida Statutes §316.123. This statute provides that either stop signs or yield signs can mark the right of way at an intersection. To prevail in a failure to yield accident, a plaintiff generally must prove the elements of duty, breach of duty, actual and proximate causation, and actual damages. A traffic citation for failure to yield can be evidence of the defendant's breach of duty. Since it is not penal in nature, a citation under the statute is not evidence of negligence per se.
Under §316.123, when approaching a stop sign at an intersection, drivers must stop before entering the crosswalk near them. At a four-way stop, the driver of the first vehicle to make a stop at the intersection is the first to proceed. When two vehicles arrive at the same time, the driver on the left must yield to the driver on the right.
When approaching a yield sign, a driver must slow to a reasonable speed for the conditions and stop altogether when necessary for safety, yielding the right of way to a vehicle already in the intersection or approaching closely enough to present a hazard. When a driver collides with a pedestrian in a crosswalk or a vehicle in an intersection after driving past a yield sign without stopping, the crash is considered prima facie evidence of the driver's failure to yield the right of way.
A failure to yield can result in significant physical injuries, including broken bones, fractures, spinal cord damage, head trauma, and more, depending on the speed at which the collision occurs. A plaintiff suing for compensation after a failure to yield accident can potentially recover both economic and noneconomic damages in a personal injury suit. If you are hurt in a crash or believe you have been hurt, it is important to call the police so that their report can be used as evidence of liability. As days pass, memories of what happened may fade, and the statements given to the police may be the only proof that you have that the other driver failed to yield.Contact a Knowledgeable West Palm Beach Attorney after an Auto Accident
West Palm Beach is the oldest municipality in the South Florida metropolitan area. It was incorporated two years before Miami in the late 1800s. Since the 1990s, the city has made efforts to develop and revitalize its neighborhoods. People who have been involved in a motor vehicle collision in West Palm Beach can enlist the experienced injury lawyers at Anidjar & Levine to help them assert their right to compensation. We are committed to helping victims pursue the justice and financial assistance that they deserve. Call us at (800) 747-FREE (3733) or complete our online form for a free consultation. We represent clients in many areas throughout Palm Beach County, such as Boca Raton, Boynton Beach, Jupiter, Palm Beach Gardens, and Royal Palm Beach.