Failure to yield is a type of traffic offense that involves a driver that fails to yield the right of way to another driver, bicyclist or pedestrian. There are a number of different “failure to yield” offenses, any of which can lead to serious collisions. In a heavily-trafficked city like Las Vegas, one of the most common types of failure to yield accidents is the failure to yield the right of way to a pedestrian at a crosswalk. If you have been involved in any type of failure to yield accident because of a negligent or careless driver, a Las Vegas car accident lawyer from Shook & Stone is prepared to help you file a claim for the compensation you need and deserve.
Nevada’s rules of the road are detailed in Chapter 484 of the Nevada Revised Statutes. This chapter contains all of the state’s right of way laws. Before an individual can receive their driver’s license, they must pass a knowledge-based examination. The purpose of this exam is to test drivers on their knowledge of state traffic laws, including right of way laws. Drivers are not the only ones who must follow right of way laws; pedestrians, bicyclists and others using city streets must do the same. Rather than stating who has the right of way, the law specifies who is required to yield.
Drivers are required to yield the right of way:
In any situation where there is confusion as to the right of way, drivers can signal to the other drivers to yield the right of way. When in doubt, let the other driver have the right of way. Even when vehicles are disobeying traffic laws by failing to yield, observant drivers should do their best to avoid an accident by giving up their right of way. For additional information on right-of-way laws in Nevada, visit the Nevada Driver’s Handbook provided by the DMV.
In most cases, the driver who fails to yield the right of way is at-fault in this type of car accident. Nevada is a tort state for auto insurance, rather than a no-fault state, so claimants can collect compensation from the at-fault driver’s insurance. Because of Nevada’s tort laws, determining the percentage of liability is extremely important to the victim’s recovery.
Our state’s comparative negligence laws allow for multiple drivers to share liability in auto accidents. Victims can recover compensation from the at-fault party’s insurance so long as they were not more than 50 percent at-fault. If another driver failed to yield the right of way to you and caused an accident, they may be 100 percent at-fault. If the insurance adjuster determined that you were also disobeying a traffic law, then you may be given a percentage of fault as well, and your total recovery would be deducted based on your liability.
If you or someone you care about has been involved in an auto accident because of a negligent driver who failed to yield the right of way, speak with a Las Vegas car accident attorney from our firm. At Shook & Stone, we are 100 percent committed to making sure our clients get the financial recovery they deserve for property damage, bodily injury and even additional damages such as pain and suffering.
Call today for a free evaluation of your case.