Northern Virginia Failure to Yield Accident Lawyers
Under Virginia Code § 46.2-863, a person is guilty of reckless driving if they fail to bring their vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on the highway within 500 feet of such point of entrance, unless a “Yield Right-of-Way” sign is posted or the driver fails to yield the right-of-way to drivers of vehicles approaching from either direction. Simply put, failure to yield is a major criminal traffic violation for a person, and convictions can carry huge penalties that include up to 12 months in jail and fines of up to $2,500.
One of the most significant consequences of a failure to yield the right-of-way is that a negligent driver can easily cause a collision that possible injures or kills other people. Individuals who have been involved in car accidents caused by a failure to yield can be extremely confused about what their options are and how they will be able to recover the damages they need to achieve the best possible recovery.
Did you suffer severe injuries or was your loved one killed in a motor vehicle accident caused by a failure to yield in Northern Virginia? Do not wait to contact CHASENBOSCOLO today.
Our firm is dedicated to doing all we can to help our clients, and we have experience with many different kinds of injury claims stemming from failure to yield accidents. You can have us assess all of your legal options when you call (703) 538-1138 or contact us online to set up a free consultation.
Do I Need A Failure to Yield Lawyer?
The unfortunate truth about many failure to yield accidents is that there will often be some heated disputes about liability. While you may know that another driver violated the law by not yielding when they were required, the negligent driver will very likely claim that they were operating lawfully and that you were somehow to blame for your crash.
Settlements can be much harder to achieve when there is significant disagreement about the cause between the parties involved. You are going to want to have an attorney on your side so you can be confident that you are presenting the best possible case.
The first thing that a lawyer is going to be able to do for you is to conduct a thorough investigation of your accident, and this investigation is going to allow the attorney to preserve every key bit of evidence that can be used to demonstrate another driver was at fault for a failure to yield crash. Without a lawyer, you could be likely to have an insurance company extend a lump sum settlement offer, but you should be very cautious about accepting this agreement.
Insurance companies frequently pressure victims into accepting lowball offers that are nowhere near what people are entitled to. The major drawback of accepting a lowball settlement is that people quickly learn the amounts they obtained will not be enough to cover future expenses, which must then be paid entirely out of a victim’s own pocket.
Why Choose CHASENBOSCOLO To Handle My Case?
CHASENBOSCOLO‘s trial lawyers prepare every case as if it will go all the way to trial. While most cases settle long before they see a courtroom, we believe that you have to be prepared to take any case all the way. Our dedication and willingness to go the distance for our clients shows: we have taken over 500 cases to jury trials in the last five years alone. We have obtained more than $750 million for our clients since our founding in 1986.
Barry M. Chasen and Benjamin T. Boscolo have both received an AV Preeminent rating from Martindale-Hubbell, a peer rating denoting the highest level of professional excellence. Mr. Chasen has more than 30 years of legal experience and is a member of the American Association for Justice, Prince George’s County Bar Association, and District of Columbia Bar.
Benjamin T. Boscolo served as a Workers Compensation Panelist for both the National Football Players Association and Major League Soccer Players Association. He also received the Dean’s award for Professional Responsibility from American University.
You will want to choose CHASENBOSCOLO because we provide the No Fee Guarantee®. You pay nothing without a financial award.
Types of Failure to Yield Cases We Handle
Failure to yield is a broad phrase that encompasses many kinds of traffic violations. Some of the most common include failure to yield at:
- At traffic lights
- At private drives or parking spaces
- To pedestrians
- To oncoming vehicles when turning left on a green light
- When merging
- To emergency vehicles
Failure to yield can stem from other specific types of driver negligence. Some drivers may have been distracted, other drivers may have been intoxicated, and specific drivers are merely inexperienced.
How many demerit points are assessed for failure to yield violations?
The Virginia Department of Motor Vehicles (DMV) states that failure to give way in favor of overtaking vehicle, failure to give way when abreast of another car, failure to exercise due care (collision with pedestrian), failure to obey highway sign, failure to stop at the scene of a crash with unattended property, failure to leave the scene of a crash at the direction of officer, failure to report a crash with unattended property and less than $250 damage are all three-point violations.
Failure to drive to the right and stop for police/fire/emergency vehicle, failure to yield when turning left, failure to yield to a funeral procession, are four-point violations.
If a driver is not convicted of failure to yield, can they still be held civilly liable?
Yes. A criminal case is completely separate from a civil case and it is always possible that the two cases could have completely different outcomes. Keep in mind that your civil case will have a much different burden of proof, as civil courts only require plaintiffs to prove the negligence of defendants by a preponderance of the evidence. This standard, which translates to more than half of the evidence, is far lower than the burden of proving a defendant’s guilt beyond a reasonable doubt, the highest possible legal standard. Drivers may be able to avoid failure to yield convictions for technical reasons that do not necessarily jeopardize civil claims.
What kinds of damages could I be entitled to for a failure to yield accident?
A majority of failure to yield accidents are resolved through settlements because insurance companies simply do not want to take most of these cases to trial. If a settlement cannot be achieved, then a person could be forced to file a lawsuit, and an individual could receive several kinds of compensatory damages if they can prove their case by a preponderance of the evidence. In general, you could be owed compensation, including:
- Medical bills and treatment expenses
- Lost wages from time missed from work
- Vehicle repairs or replacement
- Loss of future earnings if disabled
- Pain, suffering, and mental anguish
The types of compensation and the amount you will be eligible for will depend on the severity of your injuries, the circumstances surrounding the case, and other factors.
Failure to Yield Statistics
The 2018 Virginia Traffic Crash Facts from the Virginia DMV reported that failure to yield was the driver action identified in 18,408, or 7.6 percent, of all motor vehicle crashes in Virginia in 2018. Failure to yield was identified as the driver’s action in 36 fatal crashes, or 6.3 percent.
Failure to yield was the driver action identified in 232 alcohol-related crashes, or 3.3 percent. When it came to speed-related accidents, failure to yield was the driver action in 258 crashes, or 0.9 percent.
Failure to yield was the driver action identified in 17,809 passenger vehicle-related crashes, or 7.9 percent. Failure to yield was also the commercial motor vehicle driver action identified in 161, or 3.0 percent, of commercial motor vehicle-related crashes.
Failure to yield was the driver action identified in 44 large truck crashes, or 1.6 percent. When it came to motorcycle accidents, failure to yield was the motorcycle driver action in 24 crashes, or 1.3 percent.
Failure to yield was the driver action identified in 27 bus crashes, or 4.6 percent. As it related to bicycle accidents, failure to yield was the bicycle driver action in 113 crashes, or 17.7 percent.
Failure to yield was also the driver action identified in 15 moped crashes, or 4.2 percent. As it related to school bus accidents, failure to yield was the school bus driver action in 52 crashes, or 7.9 percent.
Contact a Failure to Yield Attorney in Northern Virginia
If you sustained severe injuries or your loved one was killed in a motor vehicle accident caused by another driver’s failure to yield in Northern Virginia, do not hesitate to seek legal representation. You can face an arduous process in recovering damages, and an experienced lawyer is going to give you the best chance to recover as much compensation as possible.
CHASENBOSCOLO will know how to hold a negligent driver accountable and can make sure that you obtain a full and fair award. Call (703) 538-1138 or contact us online to take advantage of a free consultation.