It’s happened to almost everyone. You’re driving along, minding your business, and suddenly, another car cuts you off. You hit the brakes, but it’s too late. You’ve just experienced a failure-to-yield accident.
It’s normal to feel shaken after a crash. You probably have one big question: Who’s at fault if someone pulls out in front of you? It might seem simple, but multiple factors come into play when determining liability.
Types of Accidents That Happen When a Driver Pulls Out in Front of You
Car accidents caused by drivers who fail to yield often look similar, but each has unique factors. Some common scenarios include:
- Intersection crashes – A driver turns in front of oncoming traffic without sufficient space or time.
- Parking lot accidents – A motorist fails to check before backing or pulling out of a parking space.
- Highway merges – A driver merges into traffic from an entrance ramp or side street without yielding to vehicles already traveling at speed.
These accidents can leave you seriously injured, with high medical bills and other losses. An experienced car accident lawyer can explain your legal options and help you seek compensation.
Proving That Another Driver Cut You Off
Proving that the other driver pulled out unexpectedly is crucial to presenting a compelling car accident claim to the insurance company. However, don’t expect the insurer to accept your claim and pay your damages immediately. Auto insurance providers often look for any reason to avoid responsibility. Robust evidence can support your car accident case and show the other driver’s liability.
Examples of evidence in a failure-to-yield crash may include:
- Witness statements
- Police report
- Photographs
- Traffic camera or surveillance video footage
- Traffic laws
Damages in a Car Accident Case Where a Driver Failed to Yield
In California, accident victims may be eligible for compensation for their financial losses, such as medical expenses and lost wages. They may also receive noneconomic damages for intangible losses like pain and suffering. Keep records of your crash-related costs and how the collision affects your life.
A knowledgeable car accident lawyer can use this information during settlement negotiations to push for a fair deal.
Common types of compensation after a car crash include money for:
- Medical bills
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
These damages are meant to address the crash’s true impact on your life. In California, courts can award punitive damages to car accident victims if there is clear and convincing evidence that the at-fault driver acted with oppression, fraud, or malice.
Negotiating a Settlement with the At-Fault Driver’s Insurer
After a failure-to-yield accident, the other driver’s insurance company may try to settle quickly. However, their first offer usually doesn’t reflect the actual value of your losses. Consulting a car accident attorney can help you learn what your case is worth. A lawyer can also represent you during settlement negotiations with the insurer, identify any unfair tactics they use against you, and work to maximize your compensation.
We’re Here to Help
Demas Law Group has assisted injured Californians in complex personal injury matters for over 30 years. Our commitment, compassion, and clear communication set us apart from other Sacramento law firms. If you need help figuring out what to do after a car accident, let’s talk. Contact us today for a free consultation.
