Westbury Failure to Yield Accident Lawyer
While some accidents may be unavoidable, many can be attributed to the negligence of a motorist. One common cause is when a driver fails to yield to another motorist or pedestrian. A Westbury accident lawyer could provide invaluable legal assistance if you have been injured due to a driver’s failure to yield.
You may be owed monetary compensation for your damages if they were caused by the negligence of another driver. A seasoned auto accident attorney could help you seek civil remedy for your losses by filing a claim for damages on your behalf against the party responsible.
Statute of Limitations for an Injury Case
As stated under New York Consolidated Laws Civil Practice Law and Rules § 214, personal injury claims must be filed no later than three years from the date of the underlying occurrence. A failure to yield crash attorney in Westbury could help the claimant start their lawsuit by the three-year deadline and explain any rare exceptions which could extend the statute of limitations. In most circumstances, if the plaintiff does not file their case within three years, they could be barred from collecting any monetary damages.
Common Types of Injuries in Failure to Yield Wrecks
Failure to yield crashes may happen when two or more vehicles are merging on a highway or when making a left-hand turn. Failure to stop at a stop sign or yield to emergency vehicles are also frequent causes of these collisions.
When a driver fails to yield the right of way, serious accidents such as side-impact crashes or head-on collisions can result, or worse, contact with an innocent pedestrian. Common failure to yield wreck injuries include:
- Broken and fractured bones
- Spinal cord injuries
- Brain Injuries
- Back, neck, and should injuries
- Severe lacerations
- Internal bleeding
- Soft tissue injuries
It is vital that a person involved in a failure to yield crash seek medical attention right after impact. Delaying seeking the proper medical treatment could adversely impact the injured party’s health and wellbeing and could also affect a claim for compensating the injury against the at-fault individual or entity later on.
A Westbury failure to yield collision lawyer could ensure that the claimant’s injuries and medical treatment were documented fully when submitting a claim for damages to the at-fault party’s insurance company. An attorney could fight for the maximum compensation a claimant may be entitled to, including their medical bills, lost wages, pain, suffering, and other damages.
How Negligence Works in Failure to Yield Crashes
To prove that the other motorist acted negligently, the plaintiff must be able to show that the defendant motorist owed them a duty of care. All drivers are obligated by law to operate their vehicle with reasonable care. Furthermore, the plaintiff must show the at-fault driver breached that duty and that the breach was the direct cause of the accident that resulted in injury. Finally, the plaintiff must have suffered compensable losses in order to hold the at-fault driver accountable for negligence.
In some cases, negligence may be split between the at-fault party and the plaintiff. N.Y. C.P.L.R. § 1411 states that a plaintiff can be partially negligent and still collect compensation, but their recoverable damages would be diminished according to their percentage of liability. So, if the plaintiff is 30 percent liable for their own injuries, their amount of compensation would be lessened by 30 percent. A dedicated injury attorney could gather evidence from a failure to yield car accident in Westbury to demonstrate that the defendant driver should bear total liability.
Call a Westbury Failure to Yield Accident Attorney to Discuss Your Potential Case
You could benefit from the legal guidance of a Westbury failure to yield accident lawyer if you have been injured in a recent collision. An attorney can review the details of your crash and advise what legal action could be available. A lawyer could also develop strategies to obtain the most advantageous outcome and most compensation possible for your case. Call now to set up your case consultation with our legal team today.