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Mission Viejo Failure to Yield Accident Lawyer
With southern California’s dense traffic, drivers often find themselves in situations where they are forced to yield to other drivers. In other areas, such as highway on ramps, or roundabouts, motorists are required by law to yield to oncoming traffic. Despite this, many drivers choose to ignore the law displayed by clearly marked yield signs, causing collisions. When these collisions result in damage to the property or body of the people in the other car, the at-fault driver will be legally liable for that damage.
Mission Viejo failure to yield accident lawyers represent individuals who have been involved in accidents where the other driver did not yield as required by law. Experienced car accident attorneys can fight by your side to obtain the rightfully owed amount of compensation for your injuries.
What Are Mission Viejo’s Yielding Laws?
Rules of the road in California are clear in regard to yielding. There are two main situations where a person must yield:
- When there is a sign posted ordering a driver to yield. In CA Veh Code 21803, any driver approaching any intersection with a posted yield sign must give the right-of-way to any driver already in the intersection
- When there is no sign to yield, but the other driver is already in the intersection. Under CA Veh Code 21800, if a driver approaches an intersection, and there is already another car in the intersection, the newly arrived driver must yield to the other. If there is a simultaneous arrival, the driver with another car to his right must yield to that car
Mission Viejo failure to yield accident lawyers have seen a violation of yielding laws resulting in someone being cited for that offense. If failing to yield results in a collision, the situation changes.
Proving Negligence
The mere fact that the police note that a person involved in a collision failed to yield makes a plaintiff’s case much easier. A plaintiff of most car accidents must demonstrate that the defendant was negligent. In short, negligence is when a person has a legal responsibility to care for the well-being of another. The injured party should speak with Mission Viejo failure to yield accident lawyers regarding who can be held liable in their case.
Failing the Duty of Care
When that duty is broken, and the protected person comes to harm, the defendant is liable for any damages. In many car accident cases, whether the defendant failed in their duty to care for the plaintiff is a central question in the case. However, when the accident was the result of a violation of a rule of the road, the defendant may be considered negligent per se.
What is Negligence Per Se?
Negligence per se means that the defendant caused harm to the plaintiff through a violation of a law. California Civil Jury Instruction 418 states that if a jury finds that a defendant violated a law, and that this violation caused the harm suffered by the plaintiff, then the jury must find the defendant negligent. Using this aspect of the law, combined with a police report citing the defendant for failing to yield, many cases utilizing negligence per se settle quickly.
Benefit of a Failure to Yield Car Accident Attorney
If you have been involved in a car accident where the other driver failed to yield, contact a car accident attorney. They have an understanding of the rules of the road concerning yields and will apply that knowledge to your case. By obtaining police reports of the accident, and investigating the incident, an attorney can form strong demand packages to present to the insurance companies. With these demand packages alleging a properly framed case of negligence per se, most cases settle quickly and for full compensation. If the rare situation arises where a trial becomes necessary, Mission Viejo failure to yield accident lawyers can be by your side every step of the way to argue your case in court.