In the Metropolitan Chicago area, a failure to yield car accident is an all too often common occurrence, often causing injury or death to pedestrians, bicyclists, and other motorists. There are a variety of “failure to yield” offenses which often lead to serious collisions. These types of accidents are usually the result of careless or negligent behavior by the driver, when failing to yield a pedestrian crosswalk, or a vehicle that has the right of way.
Rosenfeld Injury Lawyers represents motorists and pedestrians in Chicago car accidents where drivers have simply failed to yield. If you were injured in one of these accidents, you can talk to our attorneys without any cost our obligation to discuss your rights under Illinois law.
Illinois Vehicle Code sets forth specified laws that govern traffic right-of-way. In some incidences, being responsible for a failure to yield car accident can constitute a criminal offense when pedestrians or other motorists are injured.
Most cases involving a failure to yield car accident happen when motorists make “unprotected” turns. When stopping at stop signs or a red light, drivers will often enter the intersection without caution, forgetting to yield to pedestrians in the crosswalk, or to other vehicles that have a green light right-of-way.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, pedestrian, other) that has a legal right of way. Examples of failing to yield in Illinois include:
- Not allowing oncoming traffic the right-of-way when performing a left turn
- Not yielding to an emergency vehicle, including an ambulance, police vehicle, or fire engine, when sirens and/or lights are engaged
- Not stopping completely at stop signs, and remaining fully stopped 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 a 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 having the right-of-way when pulling out to the roadway from a private drive, parking lot, side street or merging onto freeways
The city of Chicago under Chapter 9 of the municipal code provides specific rules of the right-of-way for pedestrians at crosswalks that are clearly marked at or between intersections. The municipal code states that vehicle drivers must yield the right-of-way to all pedestrians within or entering a crosswalk. In addition, 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 as to be 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 drivers must yield to the motorist arriving first. In addition, any motorist approaching an intersection must yield to any vehicle that is lawfully 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.
It is imperative that all motorists use the best judgment when driving roadways and entering controlled or uncontrolled intersections. Observance of all yields and right of ways prevents car accidents on motorways and at intersections. Illinois drivers should remain fully aware of all other traffic, bicyclists and pedestrians on or around the roadway. This means staying watchful and fully alert of any motorists that are violating Illinois state traffic law and municipal traffic codes.Failing to Yield Car Accident Liability
These types of accidents usually violate traffic state law. However, failing to yield accidents are often complex and challenging cases to sort out through the legal system. Sometimes, a victim is a motorist or passenger that had the legal right-of-way but was unable to avoid hitting another vehicle, pedestrian or bicyclist failing to yield.
If you, or a loved one, was seriously injured or died caused by a failure to yield motor vehicle accident in Chicago, that was not your fault, you have certain rights under Illinois law. If you have the right-of-way, you can seek financial recompense for your injuries, missed work, property damage, medical expenses, disability, brain injury, and/or family member’s death. Contact Rosenfeld Injury Lawyers at (888) 424-5757 for a free no obligation consultation to evaluate your failure to yield vehicle accident claim.