Failure to Yield Accidents
Drivers who fail to yield the right of way cause thousands of accidents in Missouri each year. According to the State Highway Patrol, more than 15 percent of recent collisions were caused by a driver who failed to yield. The car crash lawyers at the Law Office of Matt Uhrig have dedicated their practice to helping injured individuals near the Columbia area. If you were hurt by a driver who failed to yield the right of way, we can help you seek the compensation to which you may be legally entitled.Pursue Damages from a Negligent Driver
A person injured by someone else’s carelessness behind the wheel can file a negligence lawsuit to seek compensation. In Missouri, this type of claim consists of four main elements.
First, the victim must prove that the defendant owed him or her a legal duty. This is determined by the relationship between the parties. Drivers in Missouri owe those around them a duty of reasonable care, which requires people to avoid unreasonable behavior that poses foreseeable risks of harm to others.
A driver can breach this duty by failing to live up to the reasonable-person standard. Proving this breach is the second part of a negligence case. Failing to yield the right of way is often considered a violation of the duty of care, as are actions like driving drunk or not paying attention to the road because of cell phone use or other distractions.
To prove the third element of a negligence claim, causation, the victim must show that the defendant’s behavior was the legal and factual cause of his or her injuries. Factual cause is sometimes known as “but for” causation because of the test used to determine its existence. If the victim’s injuries would not have occurred but for the defendant’s behavior, factual cause is usually established. Legal causation is a matter of foreseeability. This component is generally satisfied if the injuries were a predictable consequence of the defendant’s behavior.
The final step consists of identifying quantifiable damages that arose from the accident. There are two broad categories of compensation to which crash victims may be entitled. Economic damages reimburse them for lost wages, medical expenses, damage to a vehicle, and other financial losses. Noneconomic damages compensate them for pain and suffering, emotional distress, disfigurement and scarring, and other bodily or psychological injuries.
In some failure to yield cases, the victim may choose to use the theory of negligence per se, especially if the defendant was written a ticket for the traffic violation. This substitutes for the duty and breach elements of a standard negligence claim if the defendant broke a safety statute, and the injured person was the type of individual whom the law was designed to protect. However, it is still necessary to show causation and damages when using negligence per se as the theory of liability.Seek Advice on Your Auto Accident Claim from a Jefferson City Lawyer
A driver who fails to yield the right of way has likely breached his or her legally imposed duty. If you were injured by this type of carelessness, you may be entitled to compensation for your harm. The auto accident attorneys at the Law Office of Matt Uhrig have significant experience protecting the rights of individuals harmed on roads near Jefferson City and throughout Missouri. To schedule a free consultation, call (573) 657-2050 or fill out our online contact form.