In the Metropolitan Chicago area, a failure to yield accident is a common occurrence that usually results in severe injury or death to pedestrians, bicyclists, and other motorists. Various “failure to yield” offenses often lead to severe collisions.
These auto accidents are typically caused by careless driving behavior when a motorist fails to yield at a pedestrian crosswalk or to a vehicle with the right of way.
An Illinois Failure to Yield Vehicle Accident Injury Attorney Can Help
The personal injury attorneys at Rosenfeld Injury Lawyers LLC represent motorists and pedestrians in traffic accidents where motorists have failed to yield.
If you were injured in a failure-to-yield accident, you could speak with our attorneys during a free case evaluation without any cost or obligation to discuss your rights under state law.
Illinois Vehicle Code Applicable To Failure to Yield Collisions
According to Illinois Vehicle Code, a failure to yield infraction is noted anytime a motorist fails to yield (give) the roadway to any party (other motorists, bicyclists, pedestrians, other) with a legal right of way.
What Is an Example of Failing to Yield?
A failure to yield meaning in Illinois includes:
- Not allowing oncoming traffic the right-of-way when performing a left turn
- Not yielding to emergency vehicles, including an ambulance, police vehicle, or fire engine, when sirens and lights are engaged
- Not stopping completely at stop signs and remaining until any right-of-way motorist has passed
- Not yielding to children entering a crosswalk in a marked traffic school zone
- Not yielding to bicyclists while making right turn who have the right-of-way
- Not yielding to pedestrians who have the right-of-way
- Not yielding to crossing traffic at a flashing red or yellow light
- Not yielding to anyone who has the right-of-way when pulling out to the roadway from a private drive, parking lot, side street, or merging onto freeways
- Aggressive driving, disobeying traffic signals, speed limit signs, school zones, and other drivers
- Making a quick left turn after arriving at an intersection late as the light is changing
Law enforcement writing a car or truck accident police report will typically cite one or more motorists for their responsibility. The report could establish liability (the person at fault) in a failure to yield accident.
How the Insurance Company Handles Claims
Within days, an at-fault driver’s insurance company will designate an insurance adjuster to process the accident victims’ personal injury claim.
Not Yielding to Pedestrians Laws in Chicago
Under Chapter 9 of the municipal code, Chicago provides specific rules regarding the right-of-way for pedestrians at crosswalks marked at or between intersections.
The municipal code states that drivers must yield the right-of-way to all pedestrians within or entering a crosswalk.
Also, anytime traffic movement is not controlled by lights, traffic devices, or law enforcement, all motorists shall stop to yield for any pedestrian crossing in a way that is in danger.
Yielding to Other Vehicles on the Roadway
Anytime two vehicles arrive at an intersection controlled by a blinking red light or stop sign. All motorists must yield to the motorist arriving first.
Also, any motorist approaching an intersection must yield to any lawful vehicle within the intersection.
Any merging vehicle from a parked position must yield to other traffic and to all motorists who do not have a yield sign or stop sign, such as a two-way stop.
To avoid failure-to-yield accidents, all motorists must use their best judgment when driving roadways and entering controlled or uncontrolled intersections.
Observance of all yields and right of ways prevents car crashes on motorways and at intersections.
Illinois motorists should remain aware of all other traffic, bicyclists, and pedestrians on or around the roadway.
Staying watchful and fully alert of motorists violating Illinois state traffic law and municipal traffic codes can save lives.
Failure to Yield Accident FAQs
Our personal injury law firm knows that many families have unanswered questions on failure to yield accidents and how to hold a negligent driver accountable.
A car accident lawyer from our law offices has answered some of those questions below.
Contact a failure-to-yield accident lawyer at (888) 424-5757, use the online form for additional answers, or schedule a free case evaluation to discuss how to recover compensation.
What Does Failure to Yield to Oncoming Traffic Mean?
The law requires that every driver yield the right-of-way to avoid causing a collision.
A failure to yield is considered a moving violation even if the driver’s actions do not result in a crash.
Following right-of-way rules are vital at any intersection or crosswalk without a signal.
Roadway junctions tend to be a significant source of confusion for motorists, where a simple misunderstanding could cause a severe failure-to-yield accident.
What Percentage of Fatal Crashes Result from a Failure to Yield the Right-of-Way?
According to the National Highway Traffic Safety Administration (NHTSA), approximately 7% of all fatalities in car and truck crashes involved one or more drivers failing to yield the right-of-way.
Statistics show that up to two thousand fatalities and millions of serious injuries occur nationwide at intersections, often resulting from a failure to yield the right-of-way.
What Percentage of Accidents Occur When the Driver Fails to Follow Traffic Rules?
Approximately 90% of all motor vehicle crashes occur because of driver error.
Collisions have dropped dramatically in the last few years as more car and truck manufacturers offered vehicle automation, including lane changing assist and adaptive cruise control.
Are Failure to Yield Accidents Avoidable?
Automobile collisions are often the result of a driver violating a traffic safety law that might involve distracted driving, speeding, or driving while intoxicated.
Alternatively, some auto crashes are caused by a vehicle defect.
Nearly every vehicle accident could have been prevented had motorists followed the traffic laws. Failure to yield accidents often results from not following traffic laws.
Our Chicago failure to yield attorneys know human error and negligence are the foundation of most serious car accident cases.
How Can We Prevent Failure to Yield Accidents?
Illinois Vehicle Code sets forth specified laws that govern traffic right-of-way that prevent failure to yield accidents.
In some incidences, an at-fault driver involved in a failure-to-yield accident could face a criminal offense when pedestrians or other motorists are injured.
Most car accident cases involving a failure to yield accident occur when negligent drivers make “unprotected” turns.
When stopping at stop signs or red lights, careless motorists will choose to enter the intersection without caution, forgetting to yield to pedestrians in the crosswalk or other vehicles with a green light right-of-way.
Discuss Your Case With a Chicago Failure to Yield Accident Lawyer Today
These types of crashes usually violate traffic state law. However, accidents are often complex and challenging when drivers fail to yield to others.
Sometimes, the victim is a pedestrian, bicyclist, passenger, or other driver with the legal right-of-way when the collision occurred.
If you, or a loved one, were seriously injured or died by a motor vehicle accident in Chicago that was not your fault, you have certain rights to take legal action under Illinois law.
If you have the right-of-way, you can seek fair compensation for serious injuries and damages through an accident claim or lawsuit, including the following:
- Future medical costs
- Lost wages and future earning capacity
- Past medical bills
- Property damage
- Temporary or permanent disability
- A family member’s wrongful death
Contact a Chicago failure-to-yield accident lawyer at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free case consultation.
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Resources:  iii.org