Identifying Fault in McKinney Failure to Yield Accidents
Identifying fault in McKinney failure to yield accidents is a complicated task that can be best achieved with the help of a professional accident lawyer. An attorney can use the evidence present from the scene of the collision to help establish liability of the party at fault and determine what factors help to show this. Eyewitness testimony, aid from an accident re-constructionist, and a deft knowledge of the rules of the road can all contribute to properly identifying fault in McKinney failure to yield accidents. Read on to learn more about how a dedicated attorney could help prove your accident case today.
Complicating Factors in Identifying Fault
The biggest complication for determining fault in McKinney failure to yield accidents is construction. With a non-divided highway, there are intersections that are not right-angled and when construction is placed on top of that, it further complicates the issue. When construction is taking place, traffic is often re-routed and local drivers are not used to seeing that. While construction barrels and cones are used to clearly mark these changes, individuals still may not see the turn or do not recognize it because there is so much construction material around. As a result, drivers very often make the choice to try to make a turn when they really already missed it, and they fail to yield and hit other cars.
Impacts on Liability
Properly identifying fault in McKinney failure to yield accidents can greatly impact one’s liability because if one does have a situation in which they can prove the failure to yield occurred, they can potentially receive an instruction stating that failing to yield is evidence of negligence. As a practical matter, most jurors do not really understand that negligence standard. Negligence is more of an abstract concept, and it makes much more sense to think of it as a violation of common safety rules. When it is a choice not to follow a safety rule, then the abstract idea of negligence becomes concrete and it certainly impacts liability. It makes it much more likely that a jury is going to hold someone accountable for their reckless driving choices.
The Presence of Road-Signs
There are many yielding laws that apply even in the absence of a clearly marked road sign. In situations in which there is a yield sign, those cases become much easier to prove to an insurance company and a jury. One can simply take a picture of the sign to show that the sign was there and that the driver chose to disregard it. Yielding from one smaller road to a bigger road when there is not a sign present is still a law, even if the driver did not know about it. While an additional warning sign does not necessarily affect the pre-established rules of the road, it certainly helps to clarify a case when identifying fault in McKinney failure to yield accidents.
If you require professional assistance in identifying fault in McKinney failure to yield accidents, consider retaining the help of an experienced injury attorney today.