Car accidents are generally unpleasant and almost always unexpected. However, a car accident can feel like it came out of nowhere when it is caused by another driver not yielding as they should. When failure to yield causes a car accident, it can be a painful, expensive nightmare for the victim. From medical bills and the pain of injuries and treatments, to repairing or replacing your vehicle, there is so much to deal with all at once. Car accident victims may feel overwhelmed and uncertain about what to do next, or even first. An experienced New Hampshire car accident attorney with Friedman & Bresaw, PLLC may offer advice and help you navigate the car accident lawsuit process. Call (603) 707-4800 to schedule your consultation and learn more about your rights and responsibilities after a car accident.
What Is Failure to Yield?
Failure to yield is a traffic violation and is often cited as the cause of traffic accidents. Specifically, it is when a driver does not slow down or stop for a pedestrian or another driver who has the right-of-way. The right-of-way simply means that the pedestrian or driver has the right to continue without stopping.
As a traffic violation, failure to yield can result in a traffic ticket with a fine, as well as three demerit points on the driver’s license. As the cause of a traffic accident, it can result in severe injuries, expensive property damage, and the ticket, fines, and demerit points. Additionally, if the driver who failed to yield did so when there was a yield sign, this is considered prima facie evidence (sufficient evidence to prove a fact, unless proven otherwise) that the driver with the yield sign failed to yield. In other words, if there is an accident where there is a yield sign, the driver with the yield sign is presumed to have failed to yield until or unless they can prove otherwise.
Examples of Failure to Yield
When people think of failure to yield, the most obvious example is not yielding at a yield sign. There are many other times a driver may be expected to yield and fail to do so, however. A few examples include:
- Not yielding to oncoming traffic when turning left
- Not yielding to pedestrians in a crosswalk
- Not stopping at a stop sign before entering an intersection
- Merging onto the highway without yielding to traffic already on the highway per NH RSA 265:30
- Disregarding flashing yellow or red traffic lights
- Entering the street from a driveway, building, alley, or private road without yielding per NH RSA 265:53
- Not yielding to emergency vehicles per NH RSA 265:33
Is New Hampshire an At-Fault State?
New Hampshire is an at-fault, or fault, state. This means that the at-fault driver in a car accident can be held liable for the injuries and damages caused by their actions. However, it is extremely rare that a driver who caused an accident will voluntarily admit it was their fault. This means that the victim must prove who is responsible for the accident in order to recover compensation.
Some of the ways a victim may be able to prove the other driver was at fault include police reports that indicate fault, traffic or other cameras, photos of the accident scene and vehicle damage, witness testimonies, and expert witnesses who can look at photos from the accident scene and the damage to the vehicles and determine fault. A car accident attorney with Friedman & Bresaw, PLLC may be able to assist in proving who is at fault in your failure to yield a car accident claim.
Injuries Resulting From a Failure to Yield Accident
Failure to yield accidents can occur at both low and high speeds, depending on the exact circumstances of the accident. Even at low speeds, a car accident of any kind has the potential to cause severe injuries. Even the most minor injuries in a car accident can be quite severe.
Spinal cord injuries, including partial or total paralysis, can occur in a failure to yield accident. Traumatic brain injuries (TBI), internal organ damage, and whiplash are also possible injuries. Soft tissue injuries, such as sprained ankles or wrists or torn knee ligaments and tendons may also occur. Victims may also sustain cuts, lacerations, and bruises, as well as broken bones which may not heal fully if not properly set up quickly after the accident.
New Hampshire Recoverable Car Accident Damages
If an individual is a victim of a failure to yield car accident, they may recover damages from the at-fault driver’s insurance. However, the New Hampshire Government does not require drivers to purchase auto insurance (Virginia is the only other state that does not require auto insurance). The state does require drivers who opt out of purchasing auto insurance to demonstrate that they have sufficient funds to meet the motor vehicle financial responsibility requirements the state has set, indicating that the driver can pay for injuries and property damage caused if the driver is at fault in an accident. Most drivers opt to purchase insurance, as these damages can be quite expensive. If they do not have insurance, or in some cases when their insurance is not enough or refuses to pay legitimate damages, victims may file a lawsuit.
Medical Expenses
Failure to yield car accident victims can recover their medical expenses from the at-fault driver. These expenses include surgeries, prescription medications, and any other treatments related to the car accident. These expenses can be ones already incurred as well as those in the future.
Lost Wages
If a car accident victim is unable to work as a result of their injuries, they can recover lost wages from the other driver. This typically requires the victim to have evidence from their doctor indicating they cannot work, as well as paystubs or other proof of their lost wages. If the individual works multiple jobs, they can pursue compensation for lost wages from all of their employment, if they are unable to work at any of them. This includes wages already lost due to their injuries as well as any future wages they may lose as a result of those injuries.
Pain and Suffering
While the physical injuries are obvious signs of having been in a car accident, there are often many other invisible injuries the victim may suffer. Pain and suffering is compensation for these invisible injuries, such as emotional distress, depression, anxiety, post-traumatic stress disorder (PTSD), permanent nerve damage, and other forms of short or long-term pain and suffering. Humiliation, loss of enjoyment of life, and disfigurement may also be considered pain and suffering.
Property Damage
Property damage compensation most commonly refers to the damages to the victim’s motor vehicle. These expenses include repair costs, or replacement costs if the vehicle is considered a total loss, and may also include reimbursement for a rental vehicle, if needed. Additionally, other personal property that was damaged in the accident can be claimed. Eyeglasses that were broken, a watch or other jewelry that was broken or lost, torn or blood-stained clothing, damaged shoes, purses or briefcases that were damaged, or other personal items are all items that the victim can request reimbursement to replace.
Diminished Earning Capacity
In failure to yield car accidents where the victim sustains severe injuries, such as a TBI or spinal cord injury, they may be unable to return to their previous employment or they may not be able to work as many hours. In these cases, the victim can also pursue compensation for their diminished earning capacity. In other words, in addition to being compensated for their actual wages lost, they can also be compensated for taking a reduction in pay as a result of changing jobs or hours because of their injuries.
Funeral Expenses
When someone dies in a car accident, the family left behind may want to consider filing a wrongful death claim instead of or in addition to a personal injury claim. This is important because in a wrongful death claim, the family can be compensated for the funeral expenses incurred to lay their loved one to rest. Filing a wrongful death claim does not bar the personal injury claim or vice versa. If multiple people were in the vehicle, and some were injured while others died, both types of claims can be filed against the at-fault driver.
Two Important Facts About Recovering Damages
While there are a number of damages that a victim can pursue compensation for, there are two things that they need to remain aware of. The first is the statute of limitations, which is three years, per NH RSA 508:4. This is how long car accident victims have to file their claim. If they fail to do so within this three year period, their claim may be permanently barred, meaning they cannot pursue compensation.
The second thing to be aware of is that New Hampshire is a modified comparative fault state. This means that while the at-fault driver is liable for damages, in some cases, both drivers may bear some fault for the failure to yield a car accident. When this happens, the victim’s ability to pursue compensation is slightly different. They can still recover their damages, but those damages will be reduced in proportion to their fault. This means if one driver is found to be 70% responsible and the other driver is found to be 30% responsible, the driver who is 30% responsible will receive only 70% of their compensation. This is another reason why proving fault is an essential part of pursuing compensation.
How a New Hampshire Car Accident Attorney May Be Able to Assist You
Whether the at-fault driver is insured or not, pursuing compensation for a failure to yield a car accident can be a long and complex process. From proving fault to calculating the damages, there is a lot to do in addition to recovering from your injuries. An experienced New Hampshire car accident attorney with Friedman & Bresaw, PLLC may be of assistance to you by collecting evidence, finding witnesses, hiring expert witnesses, calculating your losses, and advising you about moving forward with a lawsuit or negotiating a settlement. If you would like to discuss your case, call (603) 707-4800 to schedule your consultation in our Meredith, New Hampshire office.
