Anyone who wants to get a driver’s license in the Grand Canyon State must demonstrate not only that they recognize and can follow all traffic signs and painted traffic patterns on public roads, but also that they understand when they have the “right-of-way” at intersections and when they should instead yield to other people. A licensed driver who fails to yield properly can be pulled over and ticketed for that offense, even if they did not cause a crash through that act. If they did cause a crash, they can be held civilly liable for their actions as well.
That being said, successfully filing suit over failure to yield car accidents in Gilbert can be more challenging than it might seem, especially for people who have little to no experience with personal injury litigation. Fortunately, the support you need to proactively pursue the compensation you deserve is available from the dedicated auto accident lawyers at Phillips Law Group.
To proceed with a lawsuit or settlement demand over a failure to yield car crash in Gilbert, two things need to be proven: that the named defendant committed a failure to yield offense, and the offense was the primary cause of an otherwise preventable accident resulting in physical injuries. Establishing these things can sometimes be as simple as referencing an accident report generated by police officers who responded to the crash. This is because the report may include a citation for failure to yield issued to the defendant at the scene.
In other situations, however, it may be necessary for an injured person to show on their own that their wreck happened the way they are claiming it did, potentially using evidence from multiple sources such as:
Support from experienced legal counsel can be crucial to finding, preserving, and making effective use of every bit of relevant information in the wake of an incident such as this.
Another potential obstacle to recovery, which a skilled legal representative can help navigate around during a failure to yield car accident claim in Gilbert, is “comparative fault.” In brief, this is the degree to which an injured person is at fault for causing their own injuries through their own misconduct—for example, by speeding into an intersection and being hit by someone violating right-of-way laws in the same place.
Under Arizona Revised Statutes §12-2505, civil courts can assign percentages of fault to injured people along these lines and then reduce the total amount of money available to them for their damages by that same percentage. Arizona is a “pure comparative fault” state, so there is no amount of comparative fault that would prevent civil recovery altogether, as long as someone other than the plaintiffs holds at least some of the blame for their injuries.
The rules for yielding the right-of-way are usually not spelled out on street signs or painted on the road as traffic patterns, but they are still written within Arizona state law. That means anyone who causes you to get hurt through their own failure to yield is legally “negligent” and, based on that, can potentially be made to pay for every short-term and long-term loss you will experience because of your wreck.
If you have been affected by failure to yield car accidents in Gilbert and want to get the best possible outcome from a lawsuit or settlement demand over that accident, you should prioritize working with a law firm that has been locally owned and operated in the Phoenix metro area for over three decades. Call Phillips Law Group today to discuss your recovery options.
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