Determining Fault in a Failure to Yield Accident

In many Toronto failure-to-yield cases, liability can often be split. When it is not overtly clear who is at fault, there is disputed evidence, or the parties disagree as to how the accident occurred, liability can often be apportioned to both parties.

Someone making a left-hand turn is assigned fault in an accident can contact a skilled failure to yield car accident lawyeras they may still be able to assist them. The Toronto failure to yield lawyer may be able obtain independent evidence that the other driver also ran the red when the person making a left-hand turn thought the coast was clear and was broadsided by the vehicle who chose to run the red.

Failure to Yield Scenarios

A classic example of failing to yield in Toronto is when someone expects another driver to stop at a stop sign and they fail to do so. People proceeding through is an intersection when it is not their turn, is an example of not yielding the right of way to the other motorist.

Pedestrian collisions are perfect examples of failing to yield. Most people appreciate that at crosswalks and intersections with the right of way and/or a green light or a walk symbol an individual must yield for pedestrians. A driver who comes into contact with a pedestrian who is lawfully in the crosswalk is another classic example of a failing to yield.

Those are examples where, even though the Toronto police may charge somebody with an unsafe left-hand turn or failure-to-yield, there is still an opportunity to allege that the other parties are also partially at fault for this accident.

Road Signs

Sometimes there are no lights or signs at an intersection in failure to yield accident cases. A driver must always yield the right of way to the driver who reached the intersection first. When there are power failures, drivers must treat intersections where the lights are out as a four-way stop. Toronto drivers must yield to the person that was there first or to their right. There are occasions where there is signage, for instance stop signs or traffic control signals; but there are also many circumstances where there are no signs.

Investigating Fault

Lawyers collect evidence for failure to yield cases and identify anyone the police spoke to about the accident. They look for any independent witnesses and examine the damage to the vehicles involved. Lawyers see where the vehicles ended up after the accident, identify the speed involved in the collision, and obtain the traffic control timing signals. When investigating the failure to yield charge, lawyers will look to see whether or not the person’s evidence is consistent with what they told other people and hire engineers to determine, based on how the cars interacted, whether or not the evidence is consistent.

Insurance Companies

Insurance companies always look at the starting point to determine who was at fault for the accident. If there is liability or partial liability, they make the appropriate adjustments or allocations in their file. For underwriting purposes, insurance companies consider liability because without liability there are no damages to claim. An individual who has experienced a failure to yield accident in Toronto should speak with an attorney who has an understanding of this type of case.