Failure to Yield Accidents

When drivers approach a yield sign, they must stop and assess whether there is any oncoming traffic and, if so, wait until any approaching cars pass before proceeding. All too frequently, however, drivers merely pause at yield signs or disregard them altogether, and they subsequently strike another car. If you suffered property damage or injuries due to an accident caused by a driver who failed to yield, you have the right to seek compensation from the driver. You should consult an experienced New Hampshire car accident lawyer to discuss the circumstances surrounding your accident and ascertain whether you may be entitled to damages. At Peter Thompson and Associates, our attorneys collectively have spent more than 60 years of practice helping New Hampshire residents injured in failure to yield accidents.

New Hampshire motor vehicle laws require drivers approaching yield signs to decrease their speed to a speed “reasonable for the existing conditions” and to yield to any approaching car that is close enough to pose a risk of a collision if the driver were to enter the highway or intersection at that time. The law further provides that if an accident occurs after a driver does not stop, the accident will be “prima facie” evidence that they failed to yield the right of way to oncoming traffic. Prima facie evidence is evidence that is sufficient to establish a fact, unless proven otherwise.

In New Hampshire, the vast majority of car accident cases allege that a driver’s negligence caused the accident, and the driver should therefore be held accountable for any damages caused by the accident. To prove negligence in a car accident case, you must show that the driver owed you a duty, which he or she then breached, and that the breach caused the accident and any harm that you allegedly suffered. In a failure to yield case, the duty breached would be the duty to yield when required. Thus, prima facie evidence of a failure to yield is helpful in proving liability in failure to yield accident cases, since it provides a rebuttable presumption that the driver breached the duty to yield.

The driver may attempt to contest their liability by arguing that you were driving too fast for the conditions or that some outside force caused the collision to occur. Even if you are proven to be partially at fault for the accident, you may still be entitled to damages, as long as your fault does not exceed 50%. If you were injured in a failure to yield accident, a skilled car accident attorney can help you formulate a strong case that will provide you with a good chance of a favorable outcome in the circumstances surrounding your case.

Even relatively minor car accidents can cause both property damage and injuries. If you were harmed in an accident caused by another driver’s failure to yield, you can seek compensation to recoup the cost to repair any damage to your car. You can also seek damages for any medical bills that you incurred for treating the injuries caused by the accident and the cost of any future medical treatment that you may need. If the accident left you unable to work, on either a temporary or a permanent basis, you can pursue compensation for lost wages or loss of future earnings. In addition to measurable damages, you may also seek compensation for any pain and suffering that you experienced due to your injuries. Additionally, if you were married at the time of the accident, your husband or wife may be able to recover damages for the loss of your services and companionship due to the injuries that you sustained in the accident.

If you suffered injuries or property damage in an accident caused by a driver’s failure to yield, you should confer with an experienced car accident attorney who can assist you in proving liability for your harm. At Peter Thompson and Associates, our attorneys have substantial experience assisting injured parties in their pursuit of damages and will work diligently to help you seek any compensation that you may be able to recover. Our vigorous representation has afforded us a high success rate and a history of favorable outcomes. We have offices in Bedford, Nashua, Portsmouth, and Manchester, and we regularly represent individuals throughout New Hampshire. Contact us at 800.804.2004 or via our online form to set up a meeting.