Failure to Yield Car Accidents – Who is at Fault?

Individuals are required to yield at various times when they get behind the wheel of their vehicle. Not only does this include yielding appropriately to other vehicles, but also to bicyclists and pedestrians. Here, we want to discuss issues of liability after an incident occurs because of a failure to yield situation. Who will be held liable, and could there be multiple parties at fault?

Who Has to Yield?

There are various circumstances where individuals have to yield the right of way to others. This includes vehicles having to yield to other vehicles, vehicles having to yield to pedestrians or bicyclists, and pedestrians and bicyclists having to yield to other vehicles. Right of way laws are in place to ensure the safety of all individuals on or around Colorado roadways.

We want to offer a brief summary of Colorado right of way laws, though this is certainly not a complete list. Obviously, any person who approaches a yield sign, whether in their vehicle, walking, or riding a bike, will have to yield the right of way to others. Failing to obey yield signs is a violation of traffic law. Additionally:

• All drivers are required to yield to pedestrians at all times. Under Colorado law, pedestrians have an undisputed right of way at every intersection and crosswalk.
• At a four-way stop sign, the vehicle that arrives first has the right of way, and the right of way then falls to the vehicles on the right of the vehicle who arrived first.
• If more than one vehicle approaches an uncontrolled intersection at around the same time, the vehicle on the right has the right of way.
• When individuals turn left, they must yield the right of way to oncoming traffic.
• Whenever a vehicle is passing or changing lanes, they must yield the right of way to vehicles already in the lane they wish to enter.
• When merging into traffic, vehicles must yield the right of way to vehicles already on the roadway where they wish to merge.
• Drivers must always yield the right of way to emergency vehicles that have their emergency lights and siren activated.

There are various penalties for failing to yield the right of way in Colorado, including monetary funds. However, who will be at fault if an accident occurs because of driver failed to yield the right of way?

In almost all circumstances, the driver who failed to yield will be at fault for any accident that occurs. This means that their insurance carrier will primarily be responsible for paying another person’s medical bills or property damage expenses.

Determining fault after a failure to yield accident can be challenging, but evidence will be gathered at the scene of the incident, including photographs or surveillance footage. Law enforcement officials will speak to eyewitnesses as well as drivers and passengers involved to gain an understanding of what happened. If a person failed to yield the right of way, the law enforcement officer may issue a citation, and this could be used as further proof that a violation occurred and that the driver was at fault.

Contact our Denver car accident lawyers today.