What is Subrogation & How It Affects Car Accident Settlements
Posted in: Car Accidents
Failure to yield occurs when a driver does not grant the legal right of way to another motorist, pedestrian, or cyclist, leading to potential collisions.
At Kisling, Nestico & Redick, our experienced Columbus car accident lawyers know what it takes to hold negligent drivers accountable and secure the compensation you need if a driver fails to yield the right of way and causes you harm. Contact KNR today for a free consultation.
Under Ohio Revised Code (ORC) §4511.43, drivers must stop at clearly marked stop signs and yield signs, ensuring the way is clear before proceeding. The law also dictates that drivers must yield the right of way at intersections, pedestrian crosswalks, and when entering traffic from ramps or driveways.
Violating Ohio’s failure-to-yield laws can result in traffic citations, fines, and increased insurance rates. Additionally, if a failure to yield leads to an accident, the negligent driver may be held legally liable for any injuries, property damage, or other losses caused.
Right-of-way laws play a crucial role in determining liability in failure-to-yield accidents. These laws are designed to ensure a safe and orderly traffic flow by dictating which vehicles, pedestrians, or cyclists have priority in various situations.
When drivers fail to yield appropriately, the result is often serious accidents and disputes over fault.
Read our Guide to Car Accident Liability in Ohio
Failure-to-yield accidents are a common cause of collisions in Franklin County. According to the Ohio State Highway Patrol, there have been 3902 failure-to-yield-related accidents in Franklin County in 2024. These accidents are often caused by driver negligence.
High-traffic areas like Downtown Columbus, Easton Town Center, and major roadways such as I-270, I-71, and I-70 are frequent locations for failure-to-yield accidents. With congested traffic and complex driving scenarios, these areas often see collisions resulting from drivers failing to yield appropriately.
More Columbus Car Accident Stats
Failure-to-yield accidents can lead to many injuries, from minor discomfort to life-altering conditions. Common injuries include:
Read What to Do After a Columbus Car Accident
After a failure-to-yield accident, your options for pursuing compensation typically start with filing an insurance claim against the at-fault driver. However, insurance companies may attempt to reduce payouts by disputing liability or downplaying your injuries.
An experienced attorney can protect you from this, gather evidence like accident reports and medical records, and negotiate for a fair settlement. A lawsuit may be necessary if the insurer refuses to offer adequate compensation. A lawsuit allows you to present compelling evidence in court to demonstrate negligence and secure the compensation you deserve.
Read Our Guide to Personal Injury Lawsuits in Columbus, OH
Liability in failure-to-yield accidents generally falls on the driver who failed to yield the right of way, violating Ohio traffic laws. However, shared fault may arise when a jaywalking pedestrian or a speeding driver contributes to the collision.
Under Ohio’s comparative negligence law, compensation is reduced by the plaintiff’s percentage of fault. For example, if you’re found 20% at fault, your recovery is reduced by that percentage.
Proving fault in failure-to-yield car accidents requires a thorough investigation. This includes:
By working with an experienced attorney, you can compile and present the necessary evidence to prove fault and secure compensation.
If you or a loved one have been injured because a driver in Columbus failed to yield the right of way and negligently caused an accident, you may be entitled to compensation for all the financial losses connected to the collision.
Whether through an insurance claim or a personal injury lawsuit, an experienced attorney can help recover compensation for:
Each case is unique, and calculating the full extent of your losses requires a thorough evaluation. Working with KNR ensures that all your damages are accounted for and you can secure the compensation you need.
Navigating a failure-to-yield accident claim can be overwhelming, mainly when insurance companies work to undervalue your injuries or dispute liability.
A skilled attorney plays a vital role in proving fault by gathering and presenting evidence such as police reports, witness statements, and video footage. They also negotiate with insurers to counter lowball settlement offers, ensuring your compensation reflects the full extent of your damages, including medical costs, lost wages, and future expenses.
If negotiations fail, an experienced attorney can take your case to court, filing a lawsuit to hold the at-fault driver accountable and demonstrating a commitment to securing justice. By guiding you through every step of the legal process, an attorney protects your rights and gives you the best opportunity to recover the compensation you need to rebuild your life.
Failure-to-yield claims can be challenging due to Ohio’s comparative negligence rule, which reduces compensation by your percentage of fault if you share any liability. Insurers often dispute fault, arguing that the injured party contributed to the collision by speeding or failing to take evasive action.
Accidents at busy Columbus intersections like High Street and Broad Street or merging incidents on highways such as I-270 and I-70 can further complicate liability. Prompt medical care and thorough documentation are essential to strengthen your claim and counter insurance company tactics.
Yes, Kisling, Nestico & Redick represents clients throughout Franklin County and neighboring areas, including Delaware, Pickaway, Fairfield, and Licking counties. Whether your accident occurred in Columbus or the surrounding region, KNR can help you pursue compensation and hold negligent drivers accountable.
Seeking medical care and documenting injuries is critical after a failure-to-yield accident, even if you feel fine. Injuries such as whiplash or internal trauma may not present symptoms immediately but can worsen over time.
Detailed medical records serve as key evidence to link your injuries to the accident, helping strengthen your claim. Without this documentation, insurance companies may downplay or deny the severity of your injuries, potentially reducing your settlement.
The timeline varies depending on the case’s complexity, the severity of injuries, and negotiations with the insurance company. Simple cases might settle within a few months, but disputes over fault or damages may extend the process.
Even if the fault seems clear, an attorney ensures your rights are protected, negotiates for fair compensation, and handles complex legal procedures, giving you the best chance of maximizing your recovery.
It’s best to consult an attorney before accepting any settlement offer. Insurance companies often make low initial offers to save money, which may not account for long-term medical expenses, lost wages, or pain and suffering. A lawyer can evaluate the offer and ensure it reflects the full scope of your damages, helping you avoid settling for less than you deserve.
If you were injured because a driver failed to yield the right of way in Columbus, taking legal action can ensure you receive the compensation you deserve. From covering medical bills and lost income to addressing pain and suffering, KNR is here to hold negligent drivers accountable.
At Kisling, Nestico & Redick, our Columbus attorneys are dedicated to guiding you through every step. We’ll evaluate your case, gather evidence, and work tirelessly to maximize your recovery. Contact KNR today at (614) 487-8669 or complete our online form to schedule a free consultation. We serve clients in Columbus, Franklin County, and the surrounding areas.
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