Are you wondering if you have the right to seek compensation to cover your damages from a failure to yield accident? That depends on whether the other driver negligently caused or contributed to the crash.
Call the Law Offices of Anidjar & Levine at 1-800-747-3733 to learn more about your right to receive compensation for your injuries. Our legal team offers free case reviews where you can ask questions, receive advice and learn about all your legal options including how much it costs to hire a personal injury lawyer.
Determining Fault in Failure to Yield Accidents
Florida law requires drivers to yield in many situations—at intersections, entrance and exit ramps, and in the presence of yield signs. Failure to yield is a minor traffic infraction, but it can lead to devastating accidents.
If you are pursuing a personal injury lawsuit after a failure to yield accident, there is no requirement that a police officer cited the other driver for their violation. However, if they did receive a citation, it could be used as evidence in your case.
It might be difficult to determine who was at fault in a failure to yield accident. Both drivers may have different stories, or they may both be partially at fault. In these situations, Florida law may still allow you to receive monetary compensation for your injuries.
Comparative Fault Laws in West Palm Beach, Florida
Some states do not permit a recovery for a driver who was a significant contributing factor to an accident. Florida follows a different rule, known as pure comparative fault. You might be able to receive compensation for your injuries even if you were mostly at fault for the accident, as long as the other party was partially at fault.
For example, if you were 60 percent at fault for an accident and the other driver was 40 percent at fault, you could still receive compensation. You would only receive an award for 40 percent of your damages, but this could be substantial if you have very severe injuries or lost a loved one in an accident.
Talk to a personal injury attorney about how comparative fault could affect your case by calling 1-800-747-3733 now for a free case review.
Compensable Damages in Failure to Yield Accidents
You may be able to recover damages for any expenses caused by a failure to yield accidents. A settlement or jury award could compensate you for any of the following costs:
- Medical bills
- Emergency transportation costs
- X-rays, MRIs, and other tests
- Physical therapy appointments
- Equipment, such as wheelchairs
- Lost wages from missed time at work
- Loss of future earning capacity if a disability will prevent you from working
- Property damage
You may also receive compensation for non-economic damages, which include the following:
- Mental and emotional pain and suffering
- Loss of convenience
- Loss of enjoyment
- Loss of consortium if you lost a loved one
To seek these damages, you will have to file a personal injury lawsuit against the party or parties that contributed to your injuries. In many cases, we will have to file a claim with the other driver’s insurance company, who will represent them during any subsequent lawsuit.
How to Start Seeking Compensation
Our West Palm Beach personal injury attorneys will listen to your story during a free case evaluation. We will need to know everything you can remember about your accident. If you have any evidence, such as police reports or photographs, you can bring them to your consultation.
We will also need to know how the failure to yield accident has impacted your life. You can tell us about your injuries, expenses, and how your life has changed since the incident occurred.
We may need to do further investigation before we decide to represent your case. If we do bring a personal injury lawsuit on your behalf, we will file a complaint in court and begin the litigation process. We will continue to fight for your legal rights until a fair settlement is available or a jury decides your case.
Your Claim for Compensation Can Expire
You do not have unlimited time to bring a claim for compensation. Florida has a statute of limitations for negligence actions—such as failure to yield accident cases—that expires after four years.
Wrongful death cases have a two-year statute of limitations. If you lost a loved one in an accident, you have even less time to contact an attorney and bring a personal injury lawsuit.
It is better to learn about your legal rights long before the statute of limitations for your case expires. Your memory will be fresher soon after your accident, and witnesses and other evidence will be easier to find.
Consult with a West Palm Beach Failure to Yield Accident Attorney
You should be aware of your legal rights, even if you decide not to file a claim for compensation. The attorneys at the Law Offices of Anidjar & Levine offer a free, no-obligation consultation so that you can figure out your legal options in a no-pressure environment.
Call us at 1-800-747-3733 to schedule your free case evaluation. We represent personal injury cases in West Palm Beach on a contingency basis, so you will not have to pay any legal fees unless you receive compensation for your injuries.