Failure to Yield
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% of recent collisions were caused by a driver who failed to yield. If you were hurt by a driver who failed to yield the right of way, you may be legally entitled to compensation.
Pursue Compensation After a Car Accident
If you’ve been injured by someone else’s carelessness behind the wheel, you 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 can foreseeably harm 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 factual and legal 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 that crash victims may be entitled to. 1) Economic damages, which reimburse victims for lost wages, medical expenses, damage to a vehicle, and other financial losses. 2) Noneconomic damages, which 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 received a ticket for the traffic violation. The theory of negligence per se considers an act negligent because it violates a statute. If the defendant broke a safety statute and the injured person was the type of individual whom the law was designed to protect, then this theory can be a substitute for the duty and breach elements of a standard negligence claim. However, it is still necessary to show causation and damages when using negligence per se as the theory of liability.
Seek Legal Advice from a Trusted Lawyer
If you were injured by this type of careless driver who failed to yield, you may be entitled to compensation for your harm. For a successful lawsuit, and the payment you deserve, be sure to find a lawyer that you trust. At the Law Office of Matt Uhrig, we always have your best interests in mind.