When a driver fails to stop at a traffic light or does not yield to the right of way, that driver endangers other motorists. When a motorcyclist is hit by a driver who fails to respect the right of way, the consequences can be devastating. In right-of-way violation crashes, also known as failure-to-yield crashes, determining fault can be challenging. However, evaluating the cause of a car wreck is a crucial part of seeking damages through a negligence claim. At the Wolfe Law Firm, we understand that the aftermath of an accident is a difficult time, so we are committed to making the process as seamless as possible. Our skilled Elkins motorcycle accident lawyer will review the circumstances of your crash and create a strategy suited specifically to your situation. We serve clients in Clarksburg, Fairmont, Morgantown, and throughout West Virginia.Pursuing Compensation After Failure-to-Yield Collisions
Failure-to-yield collisions typically occur at intersections and traffic lights. They happen when a driver give the road to someone who has the right of way. A few examples include:
- Failing to yield to oncoming traffic when making a left turn
- Failing to give the right of way to an emergency vehicle, such as a fire truck, ambulance, or police car
- Failing to stop at a stop sign, or engaging in a rolling stop that contributes to an accident
- Failing to yield to a bicycle when the bicycle has the right of way
- Failing to yield to a pedestrian when the pedestrian has the right of way
- Failing to yield properly when merging onto a highway
- Failing to yield properly when crossing a flashing yellow or red light
If you or someone you know has been hurt on a West Virginia road because of a right-of-way violation, you may be able to file a negligence lawsuit and pursue compensation for your injuries. The critical issue in most failure-to-yield accident cases is who had the right of way. To establish liability, an injured person must prove the following four elements of a negligence claim:
- The defendant owed the victim a duty to drive using reasonable care;
- The defendant breached the duty by failing to give the victim the right of way when appropriate;
- The defendant’s breach caused the accident and the victim’s injuries; and
- The victim suffered quantifiable damages as a result.
Depending on the severity of your injuries, you may be able to recover many types of compensation. These may include damages for medical bills, lost wages and benefits, lost earning capacity, property damage to your motorcycle, pain and suffering, and more. Compensation can be negotiated through a settlement or awarded through a jury verdict. While we try our best to negotiate fair settlements for our clients, we aren’t afraid to go to court if required.Discuss Your Motorcycle Crash Case with an Elkins Lawyer
If you or a loved one has been injured because of a West Virginia right-of-way violation, our compassionate traffic accident attorney can help. Our team will assess the cause of your crash and evaluate whether you have a negligence claim. If you do, we will guide you through the process of seeking fair compensation from the responsible party. You can expect the utmost professionalism from each of our team members. Our firm takes pride in getting to know our clients. We aim to inform you of all your options so that you may make all the major decisions in your case. Call us today at 877-637-5756, or contact us online for a free initial consultation with an Elkins attorney.