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Failure to Yield Accidents

Cappetta Law Offices is devoted to personal injury victims harmed in failure to yield accidents and other crashes caused by negligence. If you had the right of way and were hit by a car, contact Massachusetts personal injury lawyer Daniel J. Cappetta today. He will promptly respond to your inquiries and handle your case at absolutely no cost unless he recovers compensation for you.

Who Has the Right of Way?

On the road, some drivers operate their cars as if they always had the right-of-way. If this were the case, there would complete chaos in traffic. That is the purpose of having traffic signals, speed limits, and other driving rules. Drivers must do their part to obey these regulations and protect others from unreasonable harm. Motorists who feel an “implied” right to overstep the law should be aware that a vehicle code violation is still breaking the law. Even if the conduct is a “common practice” among motorists, there is no similar “understanding” in the law. Failure to yield the right of way may result in a ticket or legal liability for an accident.

When to Yield Right of Way

Massachusetts is full of roadways requiring drivers to yield the right of way. When motorists hurry to get one car ahead or make a changing light, they place other drivers, passengers, and bystanders at risk. Failure-to-yield accidents often involve:

  • Intersections, junctions
  • Designated through ways
  • Stop signs, flashing red signals
  • Approaching, intersecting traffic
  • Slowing down to reasonable speed
  • Yielding to vehicles at an intersection
  • Failure to stop for “immediate hazard”
  • Crossing marked stop line on crosswalk
  • Blocking traffic by entering intersection

Except when directed to proceed by a police officer or designated traffic conductor, motorists must stop when approaching an intersection, crosswalk, or unmarked junction. They are required to yield to any other vehicle, cyclist, or pedestrian that is approaching “so closely” as to constitute an immediate hazard.

Proving Negligence in Failure to Yield Accidents

Negligence refers to the driver’s breach of a legal duty. Failure to yield is only one example of negligent driving. When motorists fail to yield, they are liable for any damages caused by their negligence. Personal injury law allows injured victims to sue the liable parties for compensation. Under Massachusetts law, drivers approaching any yield sign must decelerate to a speed “reasonable” for existing conditions on the road. This may require slowing down and coming to a complete stop at a safe point “nearest” the intersection.

If there is a rapidly approaching driver going in the opposite direction, the motorist with the right-of-way must yield to the “immediate hazard.” Those who refuse to yield and proceed past the sign without stopping are liable for any resulting collision. If unable to fully proceed through an intersection without stopping and blocking other vehicles, the driver cannot cross. A green light is “no defense” to blocking traffic. The motorist must wait at the stop line for another light cycle, if necessary.

A Massachusetts Personal Injury Lawyer Dedicated to Winning Compensation for You

If you were injured in a failure-to-yield accident, contact personal injury lawyer Daniel J. Cappetta today. Cappetta Law Offices works quickly to investigate your case and find all parties liable for your injury. In personal injury cases, it is important to take immediate action to preserve important evidence and preserve the full value of your claim. Any delay can diminish your recovery and even bar your right to relief. At Cappetta Law Offices, we are dedicated to doing everything possible to achieve the best outcome possible in your case. That is why Attorney Cappetta promptly responds to all inquiries and personally handles each case. Rest assured that consultations are free and you will never be billed for any fees unless Cappetta Law Offices prevails in your case. Our recovery depends on your success. Call (508) 969-9505 for a free consultation or contact us online.