Irvine Failure To Yield Lawyer

In Irvine and throughout the rest of California, failing to yield is when one motor vehicle violates the right of way of another motor vehicle, which can result in collision causing injuries. When this happens, the victim of the accident may have reason to consult with a Irvine car accident lawyer to assist with filing for the recovery of damages incurred from the accident.

Establishing Fault in Failure To Yield Cases

Although it may seem straightforward, establishing fault in failure to yield cases can be extremely complicated. A good example of this would be an intersection accident where the issue is who had control of the intersection. If one vehicle was going straight and the other vehicle is coming from that vehicle’s left side or right side, who was at the intersection first, whether it is an uncontrolled intersection meaning no stop sign or red light or if there is a stop sign or red light.

At intersections that are not controlled, it is difficult to prove who had control or entered the intersection first. Same thing with the stop signs, red lights are a little bit less complicated, but then there is the issue of who ran the red light or who drove too quickly on a yellow light so to speak. Many times with these particular motor vehicle accidents, the issue is going to be who is at fault, and who is responsible for the collision. Generally the insurance company will want to apportion fault and try to put fault on the injured party. A plaintiff being represented by an Irvine failure to yield lawyer will attempt to prove that his client was not at fault, depending on the accurate facts.

Liability in Failure to Yield Cases

If the collision involves an intersection type of accident where one vehicle has the right of way and the other vehicle does not, the main issue will be proving fault. The insurance company or that party’s lawyer is always going to try to apportion liability or put some fault on the injured plaintiff. So that becomes a major issue. Thus the injured party in a personal injury car accident case needs to be represented immediately as soon as possible after the collision, so their attorney has a complete opportunity to evaluate and investigate the fault on the part of the various participants in the collision.

How Do Insurance Companies Treat These Types of Accidents?

The insurance company will attempt to apportion fault and put as much percentage of fault on the injured plaintiff. Therefore it is an attorney’s responsibility to properly evaluate the accident in order to represent the injured parties and to maximize the compensation on their case.

Hiring a Irvine Failure to Yield Attorney

It is very important to investigate the case at the outset and interview witnesses in order to establish fault. The injured party needs to give their qualified failure to yield lawyer in Irvine an opportunity to investigate the case right up front right after it happens before witnesses disappear. Three to six months after the accident, it may be difficult to find these people or they may not recall the facts of the accident as clearly as a few days after it happened. It is exceedingly important to investigate the facts of the accident immediately and talk to the various witnesses in order to establish fault of the adverse negligent party.