Failure to Yield | Car Accident Lawyers in Dallas
When a driver gets behind the wheel, they are required to drive with care and skill. Unfortunately, accidents happen. A serious accident can result in significant physical and mental injury. If you were involved in an accident that was caused by the other driver’s failure to yield, a car accident attorney from The Benton Law Firm in Dallas would fight hard to protect your rights and seek justice on your behalf.
We have experience investigating car accidents and preparing a persuasive case to get you the financial compensation you need. Our legal team recognizes that money cannot compensate for your injury.
However, it can help pay your medical expenses and compensate for lost wages. This can make recovering from your injuries just a little bit easier. If you are involved in a car accident when a driver failed to yield, reach out to The Benton Law Firm for a free initial consultation and case evaluation.
You’ll meet with an experienced attorney on our legal team who will review the details of your case and answer your questions. Call our office today at (214) 777-7777 or contact us online to schedule your free consultation.
What Is Failure to Yield?
There are multiple ways in which car accidents can happen, and failure to yield is one of them. Drivers have a duty to obey the rules of the road. One of those rules is yielding to other drivers or pedestrians in certain circumstances.
When a driver fails to yield the right-of-way, it may result in a serious accident. When someone fails to yield, they are likely putting themselves directly into the path of the continuous flow of traffic.
For example, when there’s a flashing yellow or red light, a driver making a left turn may fail to yield to oncoming traffic. The oncoming car may drive into the car making a left turn even though the oncoming vehicle had the right of way.
Drivers who are aggressive about merging onto the highway may also cause a failure-to-yield accident. Pedestrians in a crosswalk may be hit by a driver who fails to yield, causing a serious accident-related injury.
What Should You Do After an Accident When a Driver Fails to Yield?
If you are involved in an accident where the other driver failed to yield, there are several steps you can take to help preserve your options to pursue a legal claim for compensation.
- If at all possible, take photos or video of the scene of the accident. However, you may be seriously injured and unable to take photos. If possible, ask someone from your family or a friend to attend the scene of the accident and get video or photos of skid marks, debris on the road, and traffic control. Do NOT post these photos online.
- If you are not taken to a hospital in an ambulance, schedule an appointment with your primary care physician as soon as possible. Your doctor will document your accident-related injuries. Follow all your health care provider’s instructions about care. This includes seeing specialists, getting therapy, or filling prescription medications.
- Keep a record of all your bills and invoices for expenses that are associated with your accident-related injury, including vehicle damage.
- Keep a daily journal of your pain level, activity level, and daily challenges you may experience after the accident.
Do You Need a Personal Injury Attorney?
After an accident, someone else caused, the at-fault party’s insurance company may send an insurance adjuster to ask you questions. Although they sometimes act as though they want to be your friend, their job is to gather evidence that disproves your claim.
Insurance adjusters are skilled negotiators who will attempt to get you to answer questions without your attorney present. It is in your best interest to refuse to answer any questions until you have legal representation.
Your personal injury attorney will help prevent you from inadvertently saying something that could negatively affect your case. This includes accepting an initial low settlement offer. An experienced personal injury attorney can give you an accurate assessment of how much your case is worth. This helps during negotiations with the insurance company.
Insurance companies are represented by experienced attorneys and skilled insurance adjusters. You should have accomplished Dallas personal injury attorneys working for you, too.
What You Should Not Do After a Car Accident
To protect your options, there are certain steps you should never take after a car accident that was not your fault. These include:
- Don’t post any pictures that you take at the accident scene on social media.
- Do not post any images of yourself or any status updates on social media after the accident. Insurance adjusters might comb through your posts looking for evidence that you may not be as injured as you say you are. Images and posts can easily be misinterpreted.
- Don’t admit any fault at the scene of the accident or in any conversations afterward. You may feel you may hold some responsibility, but don’t decide that until the accident is investigated.
- Don’t say “I’m sorry,” “I’m fine,” or “they came out of nowhere.” Only make factual statements about what happened, and only talk in the presence of your attorney.
Types of Compensation Available
After a car accident, there are two common types of compensation. Economic damages are compensation paid for verifiable and objective costs you incurred from an accident-related injury. These could include medical costs, lost wages, or lost future earnings.
Non-economic damages are compensation paid for subjective costs, such as disfigurement, loss of enjoyment of life, or pain and suffering. If negotiations with the insurance company are unsuccessful, you may choose to pursue a personal injury lawsuit to recover damages.
If the court finds in your favor, the judge may also award punitive damages. An award of this type isn’t compensation for you but rather is punishment for the defendant’s malicious or intentional actions that caused the injury.
Limited Time to File a Personal Injury Lawsuit
Every state in the U.S. limits the amount of time you have to file a personal injury lawsuit. This time limit is governed by the statute of limitations. In Texas, you have two years from the date of the accident to file a personal injury lawsuit.
If you wait longer than two years from the date of the accident, you may relinquish your right to seek justice and recover damages in court.
Contact The Benton Law Firm for Help After a Car Accident
If you were involved in a car accident that was not your fault after a driver failed to yield, you might be entitled to compensation. However, insurance companies do not make the process easy. You need an experienced attorney at your side to fight for your right to fair compensation.
At The Benton Law Firm, we strongly believe that our clients deserve the best legal representation possible. For this reason, we work on a contingency fee basis. This means that you are not charged any fees unless we win your case.