Can I Sue a Driver Who Does Not Yield the Right of Way? | IL

 Posted on August 30, 2024 in Car Accidents

One of the first things new drivers learn is how to determine who has the right of way in any traffic scenario. This concept was designed to improve traffic flow and decrease injury-producing collisions. One or more drivers may need to yield the right of way in specific situations. Unfortunately, many drivers do not follow these laws, frequently causing otherwise avoidable crashes.

If someone did not yield the right of way properly and caused a car accident that injured you, you may qualify to obtain compensation. A knowledgeable attorney from McNamara Phelan McSteen, LLC can investigate your collision and help you collect the highest possible settlement amount.

What Is the Right of Way?

When vehicles, pedestrians, and bicyclists meet in various traffic situations, right-of-way laws specify who can proceed first and who must wait their turn. These laws apply to many scenarios and locations, such as:

• Intersections with crosswalks, traffic lights, or stop signs

• Parking areas

• Merging into traffic

• Changing traffic lanes

• Three- and four-way stops

• Turning right on red lights

• School zones

• Approaching or stopped emergency vehicles

In each of these situations, drivers must understand who can go and who must wait. When a driver who should have yielded does not, collisions often happen. Injuries sustained in these crashes range from minor to fatal, and victims deserve compensation.

Why Do Drivers Fail to Yield the Right of Way?

Many factors can contribute to a driver’s behavior. Drivers who are unfamiliar with an area may be confused by specific traffic patterns, but most failure-to-yield collisions happen due to avoidable human error. Common examples of these negligent behaviors include:

• Speeding

• Reckless or aggressive driving

• Distracted driving

• Driving under the influence of drugs, alcohol, or fatigue

• Disregarding traffic signals and laws, such as running a red light

• Carelessness

Negligence, which means failing to behave as a reasonable person would in the same circumstances, is the basis for most personal injury claims. When you have evidence that proves a driver’s negligence, you may be eligible for compensation.

What If You Are Partly To Blame for Your Car Crash?

In Illinois, modified comparative negligence laws govern cases when more than one party shares fault in a personal injury accident. If you are under 51 percent responsible for your crash, you can seek compensation for your damages. However, your settlement amount will be reduced by your percentage of fault.

For instance, suppose you are 20 percent at fault for your collision, and your total damages are $300,000. The most you might receive is 80 percent of that figure, which equals $240,000. Manipulating your fault to their advantage is a common insurance company tactic designed to reduce your payout. When you partner with McNamara Phelan McSteen, LLC, we will not let this happen.

Call for Your Free Consultation With Our Experienced Joliet, IL Car Accident Lawyers Today

If you are injured because a driver failed to yield the right of way, McNamara Phelan McSteen, LLC is here to aggressively fight to protect your best interests. Call 815-727-0100 now to speak with one of our dedicated Will County, IL personal injury attorneys. We will discuss your case and tell you how we can help you obtain a favorable outcome.