Garden Grove Failure to Yield Car Accident Lawyer

When a motorist fails to yield appropriately at an intersection, serious accidents may result. While these incidents can stem from any number of underlying factors, all failure to yield accidents can potentially cause significant injuries and property damage.

Injured parties in such accidents might be entitled to compensation from those found to be at fault, but effectively pursuing civil damages often requires the assistance of a Garden Grove failure to yield car accident lawyer. A qualified car accident attorney could help you take stock of your damages, identify the negligent party in your case, and work with you to seek financial recovery for all your injuries and losses.

The Pure Comparative Negligence Principle

The first issue a civil court must determine in a failure to yield accident case is which party—or parties—were at fault. Their findings will ultimately determine how much in damages a plaintiff may be able to recoup.

California Civil Jury Instructions VF-402 mandates that the deciding body in any civil case in Garden Grove must follow a principle known as pure comparative negligence. Judges and juries are instructed to assign a specific percentage of blame to all parties involved in the incident in question. That percentage then determines the amount of compensation the party filing suit may be entitled to recover.

For example, if the allegedly negligent party were ruled 75 percent to blame and the injured party 25 percent to blame, the plaintiff or their Garden Grove failure to yield car accident lawyer could hold them liable for 75 percent of the plaintiff’s total damages. Put another way, the plaintiff would have their total recoverable damages reduced by 25 percent in proportion to their own fault.

It is also important to note that pure comparative negligence enables a plaintiff to recoup damages even if they hold more fault than the defendant. This differs from the rule in other states, many of which prohibits plaintiffs from recovering any damages if they bear 50 percent or more of the total fault for an accident.

The Benefits of Retaining an Attorney

Following an accident involving a dispute over failure to yield, a car accident lawyer in Garden Grove could review a potential plaintiff’s account of the incident and help determine if they have grounds for a case. Should the facts support a legitimate filing, a successful result may hinge on both the plaintiff and attorney’s ability to definitively illustrate legal negligence.

This requires proving that the allegedly responsible party breached a duty of care they owed to the plaintiff and directly caused them physical injuries. An experienced attorney could go about proving these key elements by interviewing eyewitnesses, collecting evidence, examining the accident scene, conducting interviews with law enforcement officers and medical experts, and reviewing the complainant’s medical records.

Potential Damages in a Failure to Yield Case

The compensation a plaintiff seeks to recover might depend upon the severity of the incident, as well as the extent of the injuries sustained. Therefore, each specific incident might require different damages to be sought. However, complainants may commonly ask an adjudicating body to consider awarding compensation for matters such as pain and suffering, past and future medical expenses, vehicular repairs, and past and future lost wages.

Contact a Garden Grove Failure to Yield Car Accident Attorney

A failure to yield when appropriate to do so may occur under various circumstances and have the potential to cause personal injury and significant vehicular damages. If the incident was due to another party’s negligence, though, you may be able to successfully pursue financial compensation for your losses. The most direct way to make such a determination is to speak with a Garden Grove failure to yield car accident lawyer. To get started exploring your legal options, call today to set up a consultation.