Helping Car Crash Victims in Brooksville
Drivers who fail to yield often strike other cars, pedestrians, or bike riders, causing serious physical injuries and property damage. At Holliday Karatinos Law Firm, PLLC, our Brooksville, FL car accident attorneys can offer you experienced legal counseling and representation if you were injured in a car crash. Our lawyers have over five decades of combined legal experience in the area of personal injury. We can help you assert your rights if you were struck by a driver who failed to yield.
Failure to Yield Accidents
Drivers often must make quick decisions about who has the right of way and when to yield. Florida law, however, specifies instances in which a driver must yield to pedestrians, bicyclists, and other vehicles. For example, a driver turning left must yield the right-of-way to other vehicles. Also, a driver at an intersection must yield to a vehicle approaching the intersection from a highway. If there are no traffic controls or if they are malfunctioning, then a driver must yield to pedestrians.
Many drivers, however, fail to yield and cause a number of car crash injuries. According to data from the National Highway Traffic Safety Administration, failure to yield the right-of-way was a factor in over 3,100 fatal crashes, and the failure to obey traffic signs contributed to more than 1,800 deaths, in 2011. In Florida, drivers who failed to yield the right-of-way and failed to stop at traffic signals contributed to more than 400 fatal auto accidents. Data from the Florida Department of Transportation shows that there were over 78,000 failure-to-yield violations in 2012.
Liability for Car Crashes
Failure-to-yield car accidents are usually caused by a careless driver. You can hold a driver liable for injuries you sustained in a crash by proving the driver’s negligence.
Negligence is the failure to act with the care that a reasonably prudent person would exercise under the same circumstances. A victim who bases his or her personal injury claim on negligence must show that the defendant:
- Owed the victim a duty to exercise reasonable care;
- Violated the duty of care; and
- Harmed the victim by breaching the duty of care.
A driver may fail to yield for a number of reasons. A distracted driver, for example, may not see you crossing at a crosswalk. A speeding driver may go through a traffic sign and strike your vehicle in a T-bone collision. As the victim, you must show that the driver’s failure to yield violated his duty to use reasonable care and caused your injuries.
In some failure-to-yield accidents, the defendant will argue that your own actions caused your injuries. However, negligence on your part does not prevent you from recovering damages. Florida allows recovery even if the victim is mostly (or more than 50 percent) at fault for his or her own injuries. A court will determine each party’s negligence, and you can get damages in proportion to your degree of fault.
Your Right to Compensation
You have the right to pursue damages from the driver responsible for your injuries. You can get compensation for your past and future medical bills, lost income, loss in earning capacity, and more. You must file your claim within four years from the date of the accident, or you risk losing your right to sue.
If a driver’s failure to yield caused the death of your loved one, you can potentially recover damages through a wrongful death action. You may be able to receive compensation for your relative’s medical expenses, burial bills, and loss of companionship. Florida claims for wrongful death must be filed within two years of the accident.
Spring Hill Attorneys Dedicated to Your Case
The Spring Hill auto collision lawyers at Holliday Karatinos Law Firm, PLLC provide comprehensive legal representation to victims of failure-to-yield accidents. Our attorneys can assess your case and discuss what legal remedies are available to you. If we take on your case, you can depend on our extensive litigation experience to pursue a fair settlement on your behalf, and we will aggressively represent you in court if necessary. We serve clients in New Tampa, Lutz, and other nearby areas. Call us today or contact us online for a free consultation.