Auto accidents in which one party had failed to yield can bring up some unique complications. One of the most common concerns in a failure-to-yield collision is liability. Liability means determining who was at fault for the accident. You may think that whoever got the ticket for failure-to-yield would automatically be at fault, but this is not always the case.

Adult upset driver man in front of automobile crash car collision accident in city road.

The Cliff Notes: Key Takeaways From This Post

  • 1
    Person got into a car accident due to failure to yield and was ticketed.
  • 2
    Injury claims may be impacted as insurance companies use tickets as ammunition to deny claims.
  • 3
    Surveillance footage and witnesses can help to prove that the other party was at fault.
  • 4
    Common injuries in failure-to-yield accidents include neck, shoulder, back, and head injuries.
  • 5
    Contacting a personal injury attorney such as Herman & Wells can help ensure compensation from the other driver even if you were ticketed.

Here are the two most common failure-to-yield scenarios:

I got a ticket for failure to yield but I didn’t see them/they were speeding.

Imagine that you are on your way home from work, it’s dark and stormy. You turn left on a green light and, all of a sudden, someone slams into you. You had no idea they were there as they didn’t have their lights on. Another alternative is that when someone is coming towards you, it is difficult to judge speed, and we typically presume everyone is going the speed limit. If someone is speeding, you could misjudge the amount of time you have to turn, and get hit.

While either of these scenarios could lead to your getting a ticket, the story is not necessarily over. If you can show that the other person was speeding or does not have their lights on, you still can make a claim against the other driver for causing the crash. As long as you plead nolo contendere (no contest) to the ticket, or are found not guilty, that ticket will probably not be allowed into evidence in a civil trial.

$95,000 settlement for past personal injury case in Florida.

Failure to yield insurance claim disputes

With over a decade of experience practicing personal injury, Herman & Wells has handled numerous claims where this or a similar scenario had occurred. This brings up a variety of issues because the insurance company now has ammunition to claim that you are liable, thereby denying your claim or paying you less than you deserve. The best remedy is to have a witness on your side; however, the “bystander effect” runs rampant in our society and it is not uncommon that no witness will come forward. In this case, know that the situation is not hopeless.

We have also had great luck in finding surveillance videos of nearby businesses which show the actual cause of a crash. If you have been injured in an accident and you were the one ticketed, despite another person being at fault, contact us today. Not just any personal injury attorney is equipped to handle situations like these. Herman & Wells has practiced personal injury exclusively for over a decade. His focus on personal injury gives him more experience than attorneys with more years in the field, but who specialize in something else or take every case they can. This makes him especially qualified to handle cases where liability is an issue.

Client review from past personal injury case in Florida.

The other party got a ticket for failure to yield and I’m hurt.

This scenario is much more cut-and-dry. The other pa