Northern Virginia Failure to Yield Accident Lawyers
You don't have to drive too far from home anywhere in the Commonwealth of Virginia before you are going to have to yield to another driver. It is a very basic skill that is unfortunately not too well understood, and because some motorists do not remember, or even worse do not care, when they have to yield the right of way to another driver, serious accidents can happen. These accidents do happen, and they happen a lot. The injuries that result can be severe, because often a driver, completely within what is right and proper to do, is still driving a traffic speed when the non-yielding driver pulls out or cuts them off, or turns into them.
If you have been involved in an accident where at other driver failed to yield the right of way, then you may be entitled to compensation for the injuries that you suffered. Call Blaszkow Legal, and get an experienced team of car accident lawyers on your side to fight for your rights today!
What is failing to yield?
A failure to yield is a negligent act where a driver who does not have the right of way, fails to stop and let the driver with the right of way proceed. There are many different kinds of traffic infractions that constitute collectively what we call failure to yield. These include:
At traffic lights
When turning
Yielding to oncoming vehicles when turning left on a green light
When merging
To emergency vehicles
To pedestrians in crosswalks when they have the light
Additionally, failing to yield is not only a traffic violation, it is also a crime! Virginia code 46.2-863 says that it is a misdemeanor when a person fails to bring their vehicle to a stop, before entering a highway and [failing] to yield to drivers in either direction!
Finding a Failure to Yield Lawyer
It is extremely important to find an experienced failure to yield lawyer in Northern Virginia right away. Accidents involving yields will often be boiled down by the insurance company into what they like to call a "word versus word" accident. They will allege that their driver, the tortfeasor, did indeed stop, and that you were speeding! Or they will allege any other derivation of fact that they can to try to minimize or otherwise destroy your claim. Without an experienced lawyer on your side, you may fall victim to their tactics.
The Blaszkow Legal team will begin investigating to find objective evidence right away. Camera footage and witness testimony are among the best evidence types that can be found, that stop the at fault insurance companies from saying whatever they want. Without having that evidence, without doing that investigation, the insurance companies will do whatever they can to take advantage of you.
Ultimately, the insurance company may take the tack of denying liability, but still offering you some small, minor sum. We call this a "low ball offer." They want you to go away, but they also want you to take something because the minute that you take their money, you have waived your claim. If you have accepted their money, and later try to file an action for your damages, it may be too late.
What if the other driver did not get a ticket?
A person can still be civilly liable, even though they are not criminally liable, or guilty of a traffic infraction. There is a much different burden of proof between the two court systems, criminal and civil. In a criminal court, the case must be proven beyond a reasonable doubt. That is the highest legal standard in the country. There are other technicalities that can allow the defendant to wriggle out of those charges
In civil court however, the plaintiff, or the person bringing the claim, must prove the claim to a preponderance of the evidence. This means more likely true than not true, or 51%.
Having said that, if a defendant pleads guilty or no contest to a traffic or criminal citation arising out of the accident, that plea deal can be admitted into evidence in the civil case!
How long do I have to file a claim?
In Virginia, the statute of limitations on car accidents is 2 years from the date of the accident. However, that does not mean that you can wait 2 years to call a lawyer. The longer that you wait to speak to an attorney, the harder you are making it for that attorney to actually make a case that is going to get you the compensation you deserve. An attorney must start working as soon as possible after the accident. Memories do not last forever, and camera footage can be overridden with the passage of time. Always call an attorney right away.
Also, there can be other deadlines that apply. If, for example, the other driver was a government employee, or a federal worker, then certain tort claims acts may be in effect - and if you do not properly "notify" the government entity of your claim, then will deny it on procedural grounds later on.
Damages in a Virginia failure to yield car accidents
Your claim for compensation for your damages it's going to include several elements such as:
Medical bills
Lost wages
Property damage
Diminished value
Loss of earning capacity
Pain and suffering
Mental anguish
Inconvenience, and more
These items will be part of your claim whether it is part of a negotiated settlement, or awarded in a court of law. Much will depend on the severity of your injuries, the facts of the case, and the evidence as it can be proved. Remember, the sooner you get to an experienced car accident lawyer, the sooner that evidence will begin to be developed.
No two cases are alike!
Contributory negligence and failure to yield crashes
Virginia is a contributory negligence state, which means that if the insurance company can allege that you were even 1% responsible for the accident, you cannot prevail on your claim. It is extremely important to get an attorney on your side, to stop these arguments before they can be made. This is done through the development of evidence, and through an investigation.
Contributory negligence is not at all like comparative negligence. It is important to remember that the law of the car accident is going to be based on where the accident happened, so even if you are simply driving through on your way from Delaware or Pennsylvania, the law in Virginia is likely going to be applied.
Contact a Northern Virginia Failure to Yield Lawyer Immediately
If you or a loved one has been hurt in a Northern Virginia failure to yield car accident, then you need dedicated legal representation right away. The process of filing a claim is neither quick nor easy, to say nothing of the process that you will go through to actually recover from your injuries. Let us help take some of that stress off of your shoulders.
Call Blaszkow Legal today so that we can hold the negligent driver accountable, and make sure that you get the Justice you deserve. Get Justice and call Joe at 703-879-5910 for a free consultation!