New York Failure-to-Yield Accident Lawyer
If you’ve been injured by a driver who failed to yield to you the right-of-way, you may be entitled to receive compensation for your injuries. Failure-to-yield accidents are commonly caused by negligent and reckless drivers. Their behavior on the road can cause severe injuries and even death. Do not hesitate to contact a failure-to-yield accident lawyer directly.
The attorneys at Hill & Moin have over 40 years’ worth of experience handling a variety of accident cases that resulted in injury. Our clients trust us to provide compassionate legal services when they need them the most. Working with us is “like having a lawyer in the family,” as some of our clients have said.
We genuinely care about our clients and will fight to help them get the compensation they deserve. For a free case evaluation, call Hill & Moin today at (212) 668-6000. There is no fee for our services unless you win.
New York Failure-to-Yield Laws
The State of New York has strict laws that require drivers to yield when the proper situation arises. This is true both for other motorists on the road and pedestrians who are crossing the street. Failing to yield when legally responsible to do so can be considered negligence.
Here is a list of laws in New York that govern how drivers must yield:
- NY VTL Section 1140 – Motorists must give the right-of-way to other vehicles that have already entered the intersection from a different road. If the vehicles reach the intersection at the same time, then the vehicle on the left side yields to the vehicle on the right
- NY VTL Section 1141 – If motorists want to make a left-hand turn, they must yield to any vehicles coming from the opposite direction
- NY VTL Section 1142 – All motorists must come to a complete stop at a stop sign, giving the right-of-way to the vehicle that enters the intersection first
- NY VTL Section 1142(b) – Motorists must always yield to pedestrians, even those who are not walking on or crossing the street legally
- NY VTL Section 1143 – Motorists that desire to enter a roadway must yield to any vehicles already on that roadway
- NY VTL Section 1145 – Any motorist approaching a roundabout intersection must yield to any vehicles already traveling through the roundabout
- NY VTL Section 1146 – All motorists must exercise due care to prevent hitting pedestrians, bicyclists, or animals
- NY VTL Section 1151 – Motorists must always yield to pedestrians taking the crosswalk, even if there is no signal or sign present
Drivers Who Fail to Yield Can Be Considered Negligent
If you are involved in a failure-to-yield accident, you may want to sue the other party for damages. This is where hiring an attorney is essential. To successfully win your case, you must be able to prove that the other driver acted negligently to find him or her at fault for the accident. This requires evidence and knowledge of New York traffic laws.
An example of pure negligence is when a driver takes his eyes off the road to change the radio station or text while driving. This momentary lapse of attention on what is going on around him is dangerous for pedestrians and other drivers. The driver can easily find himself causing an accident that severely hurts others. This makes the driver negligent and he should be held liable.
Other Failure-to-Yield Scenarios
Here is a short list of failure-to-yield scenarios where you may be able to prove the other driver was negligent. These scenarios include:
- A motorist driving into an intersection where another vehicle is already moving through, causing a collision: He failed to yield to other traffic at a four-way intersection
- A motorist makes his way across a two-way street but is not paying attention: He does not see the other traffic moving down that road and causes a collision
- A motorist decides not to stop for a pedestrian who is jaywalking because there are no crosswalks in that area
- A pedestrian begins to make his way down a crosswalk despite the sign saying, “Don’t Walk;” to avoid hitting the pedestrian, a car is forced to hit another vehicle, causing an auto accident: In this case, the pedestrian would be the negligent party
Types of Crashes Caused by the Failure to Yield
New York traffic laws are designed to keep everyone safe. If another driver failed to yield the right-of-way and caused your injuries, he may be held responsible.
There are a variety of accidents that may be caused by someone not yielding, including:
- Rear-end accidents
- Sideswipe accidents
- Head-on collisions
- Rollover accidents
- T-Bone collisions
- Commercial vehicle accidents
- Motorcycle accidents
- Bus accidents
- Taxi or other service vehicle accidents
- Pedestrian accidents
- Multiple-vehicle accidents
Call Hill & Moin today if you were involved in any of these types of crashes. We do our best to help our clients get compensation for their injuries.
Common Incidences of Failing to Yield in New York
According to the Insurance Information Institute, 6.8 percent of all fatal crashes in 2020 were the result of drivers failing to yield. Failing to yield is just one of the many ways aggressive driving can lead to injuries and death.
Most failure-to-yield incidences occur:
- At red lights
- At crosswalks
- At stop sign intersections
- At four-way-stop intersections
- On highway ramps
- In intersections where traffic is merging
Other times New Yorkers fail to yield by not pulling over for emergency vehicles and school buses when lights are flashing. These can be particularly dangerous situations if not handled correctly according to law.
Damages You Can Recover After a Failure-to-Yield Accident
If you have been injured in an accident after a driver failed to give you the right-of-way, you may be entitled to receive damages. This is money you desperately need after your life has been altered by a negligent driver. The attorneys at Hill & Moin have a reputation for pursuing the compensation their clients deserve.
The types of damages you may receive after a failure-to-yield accident include:
- Current and future medical bills
- Lost wages
- Pain and suffering
- Rehabilitation and treatment
- Property damage
- Diminished earning capacity
- Mental anguish
- Diminished earning capacity
- Wrongful death
New York is a No-Fault State
It is one thing to believe that you are entitled to financial compensation after a failure-to-yield accident. It is another situation entirely to go after those damages yourself.
Why? Because New York is a no-fault state. After an injury, the only money you can receive is the limit of your PIP insurance coverage. The exception to this is if your injuries are considered severe.
New York requires every driver to carry auto insurance with a minimum PIP limit of $50,000. If you are severely injured, that is barely enough to cover your medical bills – much less lost wages and other financial needs. If your injuries pass a certain threshold, you may qualify to sue the driver for additional money your insurance will not provide.
Hiring an Attorney Can Help
By contacting a failure-to-yield accident attorney, you should find out quickly whether your injuries qualify as severe. If that’s the case, it will be time to build your case against the negligent driver. This requires evidence and legal knowledge to properly navigate the process; it will not be easy.
You can expect the insurance company to:
- Question the severity of your injuries
- Downplay your pain and suffering
- Pressure you into accepting their lowball offer
- Blame you to reduce the amount they owe
- Claim your injuries were caused by a previous incident
- Keep you waiting as long as possible
The lawyers at Hill & Moin understand the pain and frustration you are going through. We are not intimidated by insurance companies. You need money as soon as possible to take care of yourself and your family, and we can do the fighting for you.
We protect our clients’ rights by:
- Reviewing their insurance coverage
- Gathering all the evidence, including police reports and witness statements
- Determining how much their injuries are worth
- Negotiating a fair settlement with the other party’s insurance company
- Taking the case to court if a settlement is not reached
Call Hill & Moin LLC Today
The fact is: Every New York driver has a responsibility to drive safely. Each individual owes a duty of care to other drivers and pedestrians. Negligent drivers should never get away with failing to yield and causing another person’s suffering. If this happens to you, you have every right to seek compensation for your injuries, property damage, and so much more.
Hill & Moin, alongside our extensive attorney network, stands ready to defend our clients from any injustice that threatens to disturb their lives. We care about our clients because we understand the difficult circumstances victims face. Our experienced attorneys have been on the legal frontlines for over 40 years. If you need a New York personal injury attorney, call Hill & Moin today.
You can reach us at (212) 668-6000 to schedule a free case evaluation. We are available 24/7 whenever you need us for Personal Injury Recovery SolutionsⓇ you can trust. There is no obligation to work with us, and if you do decide to work with us, there is no fee unless we win your case.