Failure to Yield Car Accident Lawyer: Chicago, Illinois
In the Metropolitan Chicago area, a “failure to yield” car accident is an all too often common occurrence that usually results in serious 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 or negligent driving behavior when a motorist fails to yield at a pedestrian crosswalk or yield 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 represents motorists and pedestrians in traffic accidents where drivers 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.
Our Chicago car accident lawyers currently represent clients involved in car, truck, and motorcycle accidents throughout Illinois and the following localities: Cook County, DuPage County, Kane County, Lake County, Will County, Aurora, Bolingbrook, Chicago, Elgin, Joliet, Naperville, and Schaumburg. We handle personal injury claims and wrongful death lawsuits.
Failure to Yield Car Accident FAQs
What Does Fail to Yield Mean?
The law requires that every motorist 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 drivers where a simple misunderstanding could cause a severe traffic accident.
What Percentage of Fatal Crashes are a Result of a Driver Failing to Properly Yield the Right-of-Way?
According to the National Highway Traffic Safety Administration (NHTSA), approximately 7% of all fatalities happening 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 occur nationwide at intersections that are often the result of a failure to yield the right-of-way.
What Percentage of Accidents are Driver Error?
Approximately 90% of all crashes involving motor vehicles occur because of driver error. The number of collisions has 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 car Accidents Avoidable?
Automobile collisions are often the result of a motorist violating a traffic safety law that might involve distracted driving, speeding, or driving while intoxicated. Alternatively, some car accidents are caused by a vehicle defect.
Nearly every type of vehicle accident could have been prevented had motorists followed the rules of the road. Our Chicago car accident attorneys know that human error and negligence are based on most car accident cases.
How can We Prevent car Accidents?
Following the road rules and not violating safety laws are the first steps toward preventing car accidents. Additionally, avoid making a fast lane change, beware of your vehicle’s blind spots, and continually scanned the area had for hazards and dangers.
Following the speed limit while operating a well-maintained car and keeping your hands in the ten to two o’clock position can create a safer environment for motorists and passengers. Always remain alert and drive defensively when operating any motorized vehicle.
Illinois Vehicle Code sets forth specified laws that govern traffic right-of-way. In some incidences, And at-fault driver involved in a ‘failure to yield’ car accident could face a criminal offense when pedestrians or other motorists are injured.
Most car accident cases involving a ‘failure to yield’ car accident occur when negligent drivers make “unprotected” turns. When stopping at stop signs or red light, careless drivers 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.
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. 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 lights are engaged,
- Not stopping completely at stop signs, and remaining 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 who has the right-of-way when pulling out to the roadway from a private drive, parking lot, side street, or merging onto freeways.
Law enforcement writing a car or truck accident police report will typically cite one or more motorists for their car crash responsibility. Within days, an at-fault driver’s insurance company will designate a claim’s adjuster to begin processing the accident victims’ compensation injury case.
Failure to Yield to Pedestrians Laws in Chicago
Under Chapter 9 of the municipal code, the city of Chicago provides specific rules of 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 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. Also, 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.
All motorists must 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. Staying watchful and fully alert of any motorists violating Illinois state traffic law and municipal traffic codes can save lives.
Failing to Yield Car Accident Liability
These types of accidents usually violate traffic state law. However, failing to yield accidents is often complex and challenging to sort out through the legal system. Sometimes, a victim is a motorist or passenger who had the legal right-of-way but could not avoid hitting another vehicle, pedestrian, or bicyclist failing to yield.
If you, or a loved one, were seriously injured or died by a failure to yield a 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 compensation for your injuries, missed work, property damage, medical expenses, disability, brain injury, and family member’s wrongful death.
Contact our personal injury lawyers at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation. All discussions with our law firm remain confidential through an attorney-client relationship. Please do not send sensitive information to our law office through voicemail, email, or text message.