Whether you’re a safe and careful driver or you’re a pedestrian walking in the crosswalk, when you get struck by another motor vehicle by a careless driver, it’s devastating. You’re suddenly suffering from serious injuries resulting in an inability to work, make ends meet, or even just enjoy your life like you once did, and it all happens in an instant. Your medical bills keep piling up, and the insurance company seems to be doing everything it can to avoid paying your car accident injury claim.
Insurance companies are not your friend. They are out to avoid paying your claim. That is a fact of life. These are for-profit companies out to make money, and they don’t make money by handing out large settlements due to their at-fault driver’s failure to obey stop signs, yield signs, red lights, or traffic laws.
Getting the insurance company to pay can be stressful and complex. That is where our law firm comes into the picture. When you’ve been injured in a failure to yield car accident in Michigan, look no further than Matz Injury Law. Call 866-226-6833 toll-free or use our online contact form to request your free consultation with a motor vehicle accident personal injury lawyer today.
What Michigan Law Says About Yielding and Right of Way
The rules of the road and traffic laws in Michigan are very straightforward and simple when it comes to yielding. Section 257.652 of Michigan’s Vehicle Code establishes that any vehicle that is about to cross a highway from any private road, driveway, or alleyway is required to come to a full stop before entering a highway and must yield to any oncoming traffic. It goes on to state that any driver who violates this statute is responsible for civil infractions. The law applies to situations such as exiting a parking lot as well.
Oncoming traffic is not limited to motor vehicles. It also covers bicyclists responsibly operating their bikes.
Other yield laws in Michigan include the requirement to yield left at any intersection and particularly where a stop sign or traffic signal is posted, yield to other vehicles already in the process of entering traffic, yield whenever emergency vehicles approach with flashing lights and/or their siren sounding, and yield whenever a police officer orders you to yield.
Yielding left means that any time you are making a left turn, you must yield to oncoming traffic before making the turn. This applies whether or not there is a stop sign, yield sign, or traffic lights, and even applies when you are turning at a green light.
How Often Do Yield Accidents Occur?
Recent statistics indicate that nearly 40,000 motor vehicle accidents in a year occur in Michigan due to a driver failing to yield to a driver or other party who was entitled to the right of way. Overall, the state saw 245,432 crashes in Michigan in 2020, with 1,010 of those being fatal, 44,417 involving personal injury, and over 200,000 involving only property damage. As you can see, a significant number of crashes involve failure to yield.
Determining Who Was at Fault in a Car Accident
Determining the at-fault driver in a car crash requires establishing three facts. First, it must be established that the defendant had a duty to exercise reasonable care while operating their vehicle to not put others in danger or at risk while driving. This is the simplest part of the case because every driver is assumed to have this duty of care while on the road.
The second element of establishing fault involves demonstrating that the defendant failed to abide by this duty of care. This means they acted in an irresponsible, reckless, or even deliberately malicious manner, and that this failure to act responsibly directly or indirectly led to the accident.
Finally, we have to prove that your injury occurred as a direct result of the accident. These three ideas, taken together, form the legal concept of negligence, which is at the heart and soul of every personal injury case.
Can I Sue for Damages in Michigan Failure to Yield Accidents?
Car accident victims can absolutely sue for damages if the other driver fails to yield right of way or is otherwise acting in a negligent fashion. When a motorist is behaving without reasonable care, you have legal rights and can sue for personal injury. The only exception may be in a workers’ compensation case, where your employer’s workers’ comp insurance company may be required to pay the damages, but good car injury lawyers can help you work that out.
To have the best chance at getting the compensation you deserve, it is always best to have an experienced car accident lawyer in your corner. Your car accident attorney will help you determine what your case is worth, will build an iron-clad injury claim, and will fight for your rights every step of the way.
At Matz Injury Law, we have a history of fighting for accident victims, and a legacy of winning millions in settlements over the years. Contact us toll-free at 866-226-6833 to get a free consultation, or fill out our online contact form today.
What If I Was Hit as a Pedestrian?
Michigan’s yield laws require that vehicles must yield to a pedestrian if the pedestrian is on the same side of the street as the vehicle, or if they are actively walking in a crosswalk. If pedestrians are outside of a crosswalk, crossing against the traffic signal (when it indicates “Don’t Walk”), jaywalking, or standing on the curb in front of a crosswalk (off the sidewalk), drivers are not legally required to yield.
Note, however, that this is state law. Some cities have adopted more stringent laws for vehicles, and you may still be able to file for damages in a car accident case. Any time you suffer serious injuries in an accident, and you believe the other party was responsible, you should contact a personal injury attorney for advice about your legal rights.
Seeking Compensation After Failure to Yield Accidents in Michigan
When you are hurt in an accident, you may be eligible to collect compensation for many different types of injury. These include all of your medical bills, including your doctor’s appointments, hospital stays, medical procedures, surgery, physical therapy, medication, and even trips to and from your medical appointments. You can collect compensation for the wages you have lost from being unable to work, as well as the wages you might have earned in the future, had the accident not happened. You are also eligible for property damage from the accident.
In addition, you may be eligible to collect damages for pain and suffering. This is a sort of catch-all term for the invisible injuries you have suffered. It covers things like depression and mood swings, PTSD, loss of your ability to enjoy life, loss of comfort and companionship, loss of consortium with your partner, and other non-economic damages.
In a wrongful death case where you have lost a loved one who supported you or was a partner, you may be able to collect funeral and burial expenses, medical bills up to the point of death, loss of support based on their lost wages, and even pain and suffering for your loss.
Dealing With the Insurance Companies
Michigan is a no-fault state. This just means every driver is required to carry no-fault insurance. After an accident, you file a claim with your insurance company instead of the other driver’s. The intent is to protect you against drivers who don’t have enough insurance and to allow you to get the claims process started right away.
Unfortunately, the law is not perfect, and all-too-often insurance companies refuse claims that they should not refuse. A good car accident lawyer will use accident reconstruction, witness testimony, and other records and evidence to build you a strong case, remind everyone who the victim was, and fight for the compensation you deserve.
Get the Legal Representation You Deserve in a Michigan Failure to Yield Car Accident
Matz Injury Law is ready to help you with your failure to yield accident claim. We have decades of successful experience fighting for people like you and have won millions in judgments and verdicts. Give us a call at 866-226-6833 or use our contact form to get your free consultation today.
