Under state law, motorists must yield the right-of-way to oncoming traffic on roads they are entering. They must also yield to drivers who have already reached four-way stops or uncontrolled intersections and to motorists on their right who reach intersections when they do. Drivers who fail to yield the right-of-way commit traffic offenses. They also put themselves and others at risk of suffering serious harm through avoidable crashes.
Unfortunately, failure to yield car accidents in Merrillville are common. It can be difficult to seek compensation for this type of collision if you try to pursue a claim on your own. By working with a seasoned car accident attorney from The Law Offices of David W. Holub, you could improve your chances of holding the correct person accountable for your crash-related losses.
Proving Another Driver Failed To Yield Properly
Since failure to yield is a violation of state traffic laws, police officers can issue tickets to anyone they see committing this offense. Officers responding to car collisions can include traffic citations for failure to yield in their accident reports. In Indiana, the violation of a motor vehicle safety statute creates a rebuttable presumption of negligence. However, it is important to note that these accident reports are generally not admissible as evidence at trial, although they could be used when examining the investigating officer who wrote the report.
There are many ways to prove someone was at fault for a crash because they failed to yield the right-of-way. Our skilled legal professionals could help you find, preserve, and make effective use of the following evidence:
- Witnesses’ testimony
- Surveillance and dashboard camera videos
- Crash-site photos
- Accident reconstruction specialists’ observations
Together, this evidence can help establish how the collision occurred and support a clear showing that the other driver failed to yield the right-of-way.
How Can Comparative Fault Affect Your Car Accident Claim?
Our lawyers could contest any allegations of comparative fault made against you by the person you are suing for allegedly causing your car crash. Comparative fault is the degree to which the court blames you for causing your injuries through your irresponsible actions.
As per Indiana Code § 34-51-2-6, if the court assigns a percentage of fault to you for your failure to yield car wreck in Merrillville, this will reduce your total available compensation by the same percentage. If the court finds you are 51 percent or more responsible for your accident, you will be ineligible to receive any civil compensation for your injuries from it. This will be true even if someone else was also partly to blame for the collision.
Contact Our Merrillville Attorneys if Another Driver Hit Your Car After Failing To Yield the Right-of-Way
Drivers who fail to yield the right-of-way on public roads violate the duty of care they owe to everyone else around them. Establishing that a breach of this duty was the primary cause of an otherwise preventable accident is the goal of nearly every personal injury lawsuit. Accomplishing this goal is often challenging.
Our team at The Law Offices of David W. Holub has considerable experience with cases involving failure to yield car accidents in Merrillville. You should consider hiring us if you suffered injuries in this type of crash. Call us today to schedule a consultation.