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There is no shortage of ways to be involved in a car crash. One of the most common ways is when another driver fails to yield the road to you, even though you may have had the right of way. When this happens, you should consult a dedicated car accident attorney to discuss filing a claim for damages. Our firm can provide a Parkersburg failure to yield accident lawyer when you need legal assistance.
The right of way refers to the party who has right to move forward on or across a street at a particular time. It is defined by local law when signage indicates who has the right of way and when – either a yield sign or even a stop sign or traffic light. The right of way can even refer to pedestrians or bicyclists. Law enforcement will note the right of way signage in their official crash report.
Failure to yield occurs when a Parkersburg driver fails to observe or yield to another driver’s or pedestrian’s right of way. Instead of stopping or slowing when another driver has the right of way, a negligent driver proceeds and potentially causes a car crash because they ran a stop sign or made a right-hand turn when they were not supposed to.
It could be complicated to identify fault because there may only be statements of what happened from the drivers involved. It will be important to obtain an independent eyewitness statement or to investigate the area for any storefront surveillance videos that might have captured the incident. However, this is not always available.
It is also sometimes difficult for law enforcement to determine who might have failed to yield the right of way. The law officer’s determination is important because it will be inserted into the police report, and most juries and insurance companies will give a lot of weight to the law enforcement officer’s opinion.
When no one is able to find an eyewitness or corroborative video, the only actionable evidence might be both drivers’ insistence that they were not the one at fault. It is important to find some other independent piece of evidence that proves liability.
That is a good reason to retain a Parkersburg attorney up front, so they can quickly investigate and find evidence of which party failed to yield. In rare cases, the evidence uncovered might make the responding officer change their official report.
Jan Dils, Attorneys at Law is a Personal Injury law firm that has the resources to investigate this situation, determine if there was an eyewitness or video surveillance available to prove who was actually at fault, and file the claim in court for damages.
Insurance companies will take the statement of their own insured, and look at the traffic crash report to determine whether the law enforcement officer placed anyone at fault, or if anyone was cited as accepting or denying responsibility. A lawyer can act as an intermediary with insurance companies and handle the legal paperwork involved with filing a claim for damages.
It can be difficult to prove another driver’s negligence if you do not have witnesses or video evidence. Consult with a Parkersburg failure to yield accident lawyer today. We offer free consultations and you do not owe us anything unless we help you achieve a financial recovery.
Jan Dils, Attorneys at Law