When a driver is in an intersection and fails to stop for someone with the right of way, they can cause a collision. However, even if they break a rule of the road in causing an accident, the law does not always automatically assume they are at fault. It is still necessary to show that they were negligent and that this negligence caused a collision. This is why it is essential to work with an experienced Omaha failure to yield accident lawyer if you were injured in a crash with a driver who failed to give you the right of way.
A practiced car accident lawyer with Berry Law can handle the investigation and claims process while you focus on your recovery. You deserve compensation for your injuries, and an attorney can fight for you to get it.
What Constitutes Failure to Yield?
Under Omaha law, failure to yield occurs when a driver fails to recognize another’s right-of-way. Right-of-way refers to the legal right to occupy a part of a road at a given time. For example, a pedestrian has the right-of-way in a cross-walk, or a driver first to a four-way stop has the right-of-way to proceed first.
Many times these accidents occur at traffic lights or with pedestrians in the crosswalk. Often a driver will pull into an intersection without seeing a person who has the right of way and causes a collision. An Omaha failure to yield accident attorney can examine the facts of the case to determine whether there is a viable claim.
Investigating Omaha Cases to Determine Liability
When a person is injured in a failure to yield accident, his or her primary focus is usually not on solidifying the injury claim. This is where an attorney can help. The responding officer will write a report and file it with the department. Often these reports are accompanied by traffic citations issued by the police officer and witness statements. An attorney can work to get this information from the officer and begin building a claim.
One of the most complicated areas of the investigation to identify fault in a failure to yield case is being able to distinguish where the individuals were located, the particular rights of each party in that situation, and whose rights prevailed over the other.
It is also important to note that failing to yield the right of way is a traffic offense in Nebraska. In Omaha, a violation of a traffic law is not a not negligence per se, meaning the person is not automatically considered negligent, but instead it is a factor of determining negligence. An Omaha failure to yield accident attorney can analyze the facts surrounding the specific circumstances to establish liability.
An Omaha Failure to Yield Attorney Can Be a Guide
It is beneficial to work with a law firm that has both experience and resources. Not all attorneys have the same knowledge, proficiencies, or capabilities. By working with a highly qualified Omaha failure to yield attorney at Berry Law, you can work with a firm that regularly handles these cases and can use their resources to handle your case while you focus on your recovery. Set up a free consultation to discuss your rights today.