Colorado Springs Car Accidents Failing to Yield Right of Way

Written by Jeremy D. Earle, JD

March 3, 2022

WHAT DOES “YIELDING THE RIGHT OF WAY” MEAN?

Even though most of us finished driver’s ed years ago, many drivers still have doubts regarding who has the right of way at four-way junctions while approaching the highway from an off-ramp or when there is a flashing yellow light at an intersection. Not only can a lack of knowledge of the right of way and refusal to yield create confusion, but it may also result in catastrophic traffic accidents that result in serious injuries.

“Yielding the right of way” entails allowing others on the road to go ahead of you. How do you know when it’s okay to do this? A yield sign is frequently present as a hint that you should yield. If you see one of these signs, it implies that drivers already on the road have priority.

State and local governments set the rules that govern the right of way. All drivers in Colorado must abide by the state’s right-of-way legislation. Some of these are related to traffic signs, crosswalks, and pedestrians. A motorist must cede the right of way to a pedestrian if he or she is forced to halt before continuing. If there is a red light or a stop sign, drivers must also stop before entering a crossing.

MANAGING INTERSECTIONS AND RIGHTS OF WAY

Special restrictions may apply when a car reaches an intersection where more than one car is obliged to stop. To prevent accidents, drivers must strictly follow these guidelines.

The following are some regulations that all drivers should be aware of:

DRIVERS WHO CAME FIRST

When many cars enter a junction, the driver who arrived first has the right of way.

DRIVERS ON THE RIGHT

If two or more cars approach a junction simultaneously, the driver on the right gets priority. All other motorists are required to surrender the right of way.

DRIVERS TURNING LEFT OR RIGHT

When making a left or right turn, drivers must always yield to oncoming traffic as well as pedestrians.

When you’re unsure who needs to yield and who has the right of way, knowing who has the right to go first is crucial to preventing accidents.

Special Situations

There are times when the traditional regulations regulating rights of way must be altered. Here are a few examples:

EMERGENCY CARS

Drivers must always surrender the right of way to an ambulance, police car, or fire engine when they are aware of their presence. In many circumstances, this entails shifting out of the way of oncoming traffic or stopping to enable emergency cars to pass safely.

APPROACHING A PAVED ROAD

Drivers moving on dirt roads, alleyways, or entering a highway from a driveway must cede the right of way to the motorist traveling on the paved road in front of them.

RAILWAY CROSSINGS

Trains have the right of way, and when signals indicate that a train is approaching a junction, all operators must come to a complete stop.

PEDESTRIANS

Pedestrians always have the right of way in Colorado, even if they are crossing a road outside of a crosswalk. When a signal changes, cars must provide enough time for pedestrians to safely cross to the other side of the road.

Intersections are often difficult for both drivers and pedestrians. It’s easy to understand how going without yielding, disregarding the regulations that regulate rights of way, or just a lack of information may result in a major accident.

IS IT ILLEGAL TO REFUSE TO YIELD?

Actions have consequences. When a motorist fails to yield, and a traffic collision occurs, the at-fault driver is responsible for all damages and injuries.

In addition, drivers who fail to yield may face the following penalties:

STRICT PENALTIES

If a driver causes an accident by failing to give the right of way, they might face fines of up to $2,000. The at-fault motorist may face penalties of up to $4,000 if the injuries are significant.

IMPACT ON DRIVING RECORD

Failure to yield citations may result in points being added to a driver’s record. The number of points awarded will vary based on whether or not additional issues such as intoxicated or distracted driving were present.

INSURANCE INCREASES A driver who is cited for failure to yield may not see an increase in his or her insurance rates. Still, if the failure results in an accident, the chances are good that once the claim is filed, the insurance company will view that driver as a high-risk driver and raise their rates.

It’s essential to note that not every failure to yield or right of way infringement ends in an accident; yet, drivers who break the road laws may get a ticket.

When Failure to Yield Causes an Accident

Determining guilt is one of the most difficult aspects of dealing with the aftermath of an accident. In certain accidents, the cause of the accident may be obvious. For instance, if a motorist rear-ends your car when coming to a full stop, that driver is to blame.

Failure to surrender the right of way is a violation of the law. Accidents might be straightforward at times, but they can also be tricky. For example, a car may pull out of his driveway, his visibility impeded by shrubbery or tree branches, and collide head-on with you. In this case, the motorist is to blame for hitting you, but the landowner with the overgrown brush or branches may also be held partially responsible. As you can see, this is a complicated scenario.

If a car joins a crowded motorway from an off-ramp, there’s a good chance he’ll see a yield sign ahead of him. If a motorist fails to slow down in time to enter into traffic properly and strikes you in the back quarter of your car, causing you to collide with a pole, the driver is most likely to blame. This is one of the reasons why a motorist who has been involved in a right of way or failure to yield collision should get legal assistance from a qualified car accident attorney straight away.

INJURIES IN FAILURE TO YIELD ACCIDENTS: FACTORS TO CONSIDER

Every accident is distinct. Injuries sustained by accident victims are determined by a variety of circumstances, including:

CAR SPEEDS INVOLVED

If you are going through a junction after coming to a full stop and someone who failed to yield is moving at 30 or 40 miles per hour, your chances of suffering catastrophic injuries are considerable.

CAR SIZE

It should come as no surprise that the size of the cars involved in a car collision influences the severity of the injuries sustained. Consider it in terms of a hierarchy: a motorbike is less protected than a car, a car is susceptible to all bigger cars, and no car or truck can handle the weight of a fully-loaded tractor-trailer.

IMPACT SITE

You may be seriously injured regardless of whether you are hit from the front, back, or side. When your car is hit from the side or the front, though, you may sustain more severe injuries. When cars driving in opposite directions meet due to intersection confusion, t-bone accidents are common.

The severity of your injuries after a right-of-way collision may be influenced by several different circumstances. Even if you think your injuries are minimal, get medical help right away if you’ve been in an accident. In the early aftermath of an injury, your body’s system has an extraordinary way of disguising pain.

INJURY RISKS IN RIGHT-OF-WAY COLLISIONS

Car accident victims may have a wide variety of injuries, but some are more severe than others. While some accidents may result in a minor injury that may heal in a week or two, others might result in life-long pain and other difficulties that will have a long-term effect on your life and that of your family.

The following are some of the most catastrophic injuries you might sustain:

TRAUMATIC BRAIN INJURIES (TBIS)

Traumatic brain injuries, often known as TBIs, may leave sufferers with a slew of problems in the long run. Victims endure major long-term challenges such as mobility difficulty, sleeping problems, and personality abnormalities. Following an injury, some individuals never fully recover from a TBI and need ongoing care.

BROKEN BONES

While it’s tempting to dismiss a broken bone as a minor inconvenience, it’s important to remember that it is severe and may lead to other problems. Victims may need to be repeated surgical treatments, have agony from the need to have the bone rebroken and reset, and develop arthritis in the broken bone in the future. All of these disorders can cause considerable discomfort in the now and future.

NECK AND BACK ISSUES

If you are in a car accident, you may be thrown about the inside of your car. This is more than simply whiplash—the violent back and forth motion your body experiences as a consequence of an accident may leave you with life-long back and neck discomfort.

These are just a few of the various issues that might arise due to a failure to yield collision. It’s possible that you won’t know the entire extent of your injuries until several days after the event, which is why it’s crucial to keep track of how you’re feeling right after that.

FOLLOWING A RIGHT OF WAY ACCIDENT, HOLDING DRIVERS ACCOUNTABLE

Following an accident, you’ll have a rough estimate of how much time you’ll miss from work, how much damage your car has sustained, and how much medical attention you’ll need to recuperate from your injuries. You and your family will incur financial costs due to none of these difficulties. However, when you are not at fault for an accident, you should not shoulder the financial burden of covering these costs. Rather, the motorist who failed to yield should be held financially responsible.

YOU MAY BEABLE TO COLLECT THE FOLLOWINGDAMAGES:

WAGES LOST

Whet YOU’VE her you work as an hourly employee or as a self-employed person, the odds are that you will not be earning as much throughout your recovery as you were before the accident. You and your family may face long-term financial difficulties due to this pay drop. These losses are the responsibility of the motorist who caused the collision.

MEDICAL EXPENDITURES

Even drivers with outstanding health insurance coverage are likely to incur a slew of out-of-pocket charges while receiving treatment for their car accident injuries. The bigger the costs, the more severe the injure. Surgical procedures, pain pills, and rehabilitation treatment are just a few of the costs that the culpable motorist may be held liable for.

PROPERTY DAMAGE

If your car was involved in a right-of-way collision, you’d have to pay for the repairs. If this is a family car and your spouse relies on it, you may need to hire a car while you work out the details of the repairs (or find a new car if the car is considered a total loss.) This financial load should not be placed solely on your shoulders.

Accident victims expect the insurance company handling their claims to be fair, but this isn’t always the case. While the policyholder and the insurer have an agreement in place—the consumer pays premiums, and the insurer pays claims—insurers will do all they can to pay accident victims as little as possible. Following any form of an car accident, you should talk with an expert car accident lawyer to counteract this.

A failure to yield accident is not excused by a lack of awareness of the right of way. You need to know your legal alternatives if you were the victim of an inpatient or distracted motorist who did not obey the road regulations. The best line of action is to contact a car accident attorney in your area.

Warrior Personal Injury Lawyers
1902 W. Colorado Ave., Ste. 100
Colorado Springs, CO 80904
719-300-1100

Free Consultation

NO FEE UNLESS WE WIN

You May Also Like…