When a driver fails to yield the right of way, the collisions they cause with motorcycles can be devastating. Motorcycle riders have very little physical protection, making these accidents especially serious. Understanding your rights as a motorcycle accident victim is critical because you may be able to seek damages for medical bills, lost wages, and more.
What Does Failure to Yield Mean?
Failure to yield happens when someone ignores or overlooks a legal responsibility to let another driver, cyclist, or motorcycle proceed first. Traffic signs and signals, such as yield signs, stop lights, or left-turn arrows, clarify who has the right of way. When a motorist doesn’t follow these rules, they place others at risk, especially those on motorcycles.
Examples of Failure-to-Yield Scenarios
A common example happens when a driver turns left at an intersection without pausing or checking for oncoming motorcycles. Another could involve a driver who doesn’t stop properly at a yield sign and moves into the path of a motorcycle. Some accidents also occur when a driver merges onto a highway or changes lanes without looking closely for smaller vehicles.
Common Causes of Failure-to-Yield Motorcycle Accidents
Drivers sometimes fail to give right of way to motorcyclists for a variety of reasons, many of which are entirely preventable. Common causes for this behavior includes:
- Distracted driving makes it easy for a driver to overlook a motorcycle that has the right of way.
- Misjudging a bike’s speed can cause a driver to turn left too soon in front of an oncoming motorcycle.
- Limited visibility or blind spots often hide motorcycles until it’s too late to avoid a crash.
- Ignoring traffic signs or signals can leave motorcycle riders caught in a sudden, dangerous situation.
- Alcohol or drug use can impair a driver’s ability to spot or react to smaller vehicles like motorcycles.
Recognizing these common causes can give you an understanding of how an accident occurred and help you know what to look for to determine if the other party was negligent.
Proving Negligence in a Failure-to-Yield Claim
When a driver fails to yield to a motorcycle, it can cause serious injuries and lead to significant medical bills. Proving fault in these cases often comes down to showing negligence, which requires establishing four legal elements. Below is an overview of what you’ll need to demonstrate to hold the other party responsible.
Duty to Yield
First, you must prove that the other party owed you a duty of care. This is fairly easy to establish, as every driver has a legal obligation to follow traffic rules, including stopping or waiting when yield signs or traffic signals indicate.
Breach of Duty
To prove the driver violated this obligation, you’ll need to show how they failed to yield as the law requires. This could be ignoring a yield sign, failing to check blind spots, or turning left directly into the path of a motorcyclist.
Causation
You must connect the driver’s failure to yield with your collision and injuries. Evidence may include witness statements, camera footage, and accident reconstruction reports showing how the lack of caution led directly to the crash.
Damages
Finally, you’ll have to prove that you suffered harm from this breach of duty, such as medical bills, pain and suffering, lost wages, or property damage. Your lawyer can help compile receipts, medical records, and other documentation to show the extent of your injuries and financial losses.
The best way to get the evidence you need to show the other party was negligent is to speak with a skilled Denver injury lawyer as soon as possible. Contact us today to schedule a free consultation.