Drivers in St. Petersburg often have an unfortunate tendency to fail to yield to other drivers, bicyclists, or pedestrians in situations where they are required by law to do so. When that failure to yield results in a serious accident, the driver at fault may be held liable for the consequences.
Injuries from failure-to-yield accidents frequently have long-term consequences that require expensive medical care and cause the victim to lose time from work. If you are suffering as the result of a driver’s failure to yield, your first priority should be to receive thorough medical care.
To protect your rights and your future, though, it may also be wise to consult an experienced St. Petersburg failure to yield lawyer. A qualified car accident attorney could help you pursue the maximum compensation to which you may be entitled.
Situations Where the Law Requires Drivers to Yield
Florida’s motor vehicle code describes numerous situations where motorists are required to yield to other vehicles or pedestrians on or near the roadway. In many cases, however, drivers fail to follow these rules, either because they do not know the applicable laws or because they choose to disregard them.
When two vehicles enter a highway or stop at an intersection at the same time, the vehicle on the left must yield to the vehicle on the right, according to Florida Statutes §§316.121 & 316.123. Some other common situations in St. Petersburg where drivers are required to yield the right of way but often to do so include:
- After stopping at a stop sign or light, when a vehicle “is approaching so closely on said highway as to constitute an immediate hazard” ( Stat. §316.123)
- Approaching an intersection where another vehicle has already entered the intersection (Fla. Stat. §316.121)
- When a vehicle pulls onto a state highway from another road, unless a traffic control device directs otherwise (Fla. Stat. §316.121)
- When pedestrians are present in certain situations or when other vehicles are stopped for pedestrians (Fla. Stat. §316.130)
- When turning left (Fla. Stat. §316.122)
Recovering Compensation in a Failure to Yield Accident
While drivers who fail to yield should be held responsible for the consequences of their actions, sometimes it can be difficult to enforce this responsibility without a St. Petersburg failure to yield attorney’s help. If an accident does not result in serious injuries, Florida no-fault insurance rules may limit recovery to the insurance provisions of the driver who is not at fault.
If serious injuries result, or if a situation otherwise qualifies for legal action to recover damages, it is important to pay attention to the Florida statute of limitations and the comparative negligence rule. Under the statute of limitations, a lawsuit must be filed within four years of the date of the accident, unless death results. In that case, a wrongful death suit must be filed within two years.
In addition, as a qualified failure to yield lawyer in St. Petersburg could further explain, the pure comparative negligence rule in Florida may reduce but not bar recovery in cases where a driver’s own negligence contributes to the cause of the accident. If a driver failing to yield were held to be 90 percent at fault and the injured driver held to be 10 percent at fault for the accident, the amount awarded to the injured driver would be reduced by 10 percent to account for that driver’s share of responsibility.
Speaking with a St. Petersburg Failure to Yield Attorney
In most liability cases, it is necessary to prove that one party was negligent and that the negligence caused harm. This requires detailed evidence and often the use of expert witnesses. A knowledgeable St. Petersburg failure to yield lawyer should understand how to collect the best possible evidence and how to build the strongest case for appropriate compensation. To schedule a case evaluation and learn the benefits of working with an experienced accident attorney, call now.
