Failure to Yield Accidents in New Jersey
Most of the automobile accidents that take place in New Jersey each year are caused by driver errors, such as broken traffic laws or roadway rules. If a driver fails to yield the right-of-way at an intersection, for example, this can lead to a serious crash. Failure to yield is an example of driver negligence that can make the at-fault driver financially responsible for the crash. Make sure to speak with an experienced car accident lawyer in New Jersey for legal guidance if involved in a crash.
What Are New Jersey’s Right-of-Way Laws?
The right-of-way refers to which individual has the legal right to proceed first in a traffic situation, such as at an intersection. Who has the right-of-way depends on the circumstances. Below are some of New Jersey’s main right-of-way laws:
- Traffic-control signaled intersection: drivers given the steady green light have the right-of-way. Drivers faced with red lights must stop and yield to other traffic and pedestrians.
- Four-way stop: at an intersection with a stop sign, drivers must come to a complete stop and yield to any vehicle or pedestrian already at the intersection before proceeding.
- Crosswalk: pedestrians have the right-of-way in crosswalks, meaning drivers must yield to them. Pedestrians also have the right-of-way in unmarked intersections.
- Left turns: when making a left-hand turn at an intersection, a driver must yield to oncoming traffic and crossing pedestrians, and only turn when it is safe to do so.
- Emergency vehicles: all drivers in New Jersey must yield the right-of-way to emergency vehicles, including ambulances and fire trucks, when they are using their sirens or flashing lights.
Violating the state’s right-of-way laws can lead to a fine and citation for the driver. If this careless or reckless act causes a car accident, the at-fault driver can be held liable, or legally accountable, for the victim’s injuries and losses.
How Is Fault Determined in a Failure to Yield Accident?
A failure to yield accident can occur if a driver does not understand New Jersey’s right-of-way rules, intentionally violates them or does not pay attention to the road. Running a red light, rolling through a stop sign, misjudging the speed of oncoming vehicles and cutting off pedestrians are all examples of reckless failures to yield that can cause automobile accidents.
When a car accident claim is filed with an insurance provider in New Jersey, the insurer will analyze the facts of the case to determine which driver was at fault. During its investigation, the insurer will assess the contributing factors, such as whether either driver applied the brakes or swerved, driver inattention or distraction, and any violated traffic laws.
In most cases, a driver who failed to yield when someone else had the legal right-of-way is considered at fault for an accident. This means that the driver will be responsible for paying for an injured victim’s medical bills, motor vehicle repairs, lost wages, pain and suffering, and other losses caused by the crash.
When to Contact an Experienced Car Accident Attorney in New Jersey
If you are involved in a car accident with a driver who failed to yield to you when you had the right-of-way under New Jersey law, contact a personal injury attorney in New Jersey for assistance with the car insurance claims process. Your lawyer can help you prove a failure to yield case with evidence such as the police report, photographs, accident reconstruction and eyewitness statements. Then, your lawyer can negotiate for maximum financial compensation on your behalf. Contact us today.