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Under Washington state law, motorists have a duty to yield the right of way to other drivers, bicyclists, motorcyclists, and pedestrians to avoid collisions. Ignoring this basic duty increases the risk of causing a car crash, as a driver’s failure to wait patiently and yield to motorists or pedestrians who have the right of way can lead to devastating consequences.

Since failure to yield accidents can cause serious injuries, which, in some cases, require life-long treatment and can cost the victim hundreds of thousands of dollars in medical expenses over their lifetime, the importance of seeking legal help from a Seattle failure to yield accident attorney cannot be overestimated.

Here at Russell & Hill, PLLC, our car accident lawyers in Seattle have the knowledge and expertise to help victims of failure to yield accidents recover damages and seek compensation for their medical bills, loss of income, loss of earning capacity, pain and suffering, and a plethora of other damages.

Determining fault in a failure to yield accident

Under Washington state law, if you do not have the right of way, you should give it to the vehicles, pedestrians, bicyclists, motorcyclists or other parties who have the right of way. Failure to give up the right of way to other parties who have this right can be categorized as negligence, recklessness, or carelessness.

While the reasons why motorists, bicyclists, pedestrians, and motorcyclists fail to give up the right of way, vary from one case to another, determining fault in this type of car crash almost always requires a thorough investigation conducted by an experienced failure to yield accident attorney in Seattle or elsewhere in Washington state.

Even when it seems that the other motorist’s fault is clear because he or she failed to give up the right of way when you had this right, you may still be held partially responsible for the crash if there is evidence showing that you contributed to the accident.

Since Washington state follows the legal rule of comparative negligence, your compensation will be reduced based on your own percentage of fault in a car accident. For example, if the other motorist claims that you were distracted by your phone at the time of the crash while he was speeding, you may bear 25 percent of the fault. In that case, you will be entitled to receive 75 percent of your total damages suffered in the crash.

Proving the other motorist’s negligence in a failure to yield accident

Proving the other motorist’s negligence in a car accident caused by failure to yield the right of way may be tricky, which is why our lawyers at Russell & Hill, PLLC, are ready to assist you with our vast resources to build a strong legal case and help you recover damages.

Depending on which factor caused your failure to yield accident, a Seattle failure to yield crash lawyer may be able to use the following pieces of evidence to establish fault:

  • Police report;
  • Eyewitness statements;
  • Cell phone records proving that the motorist was texting or talking on the phone at the time of the collision;
  • The motorist’s driving history;
  • Photos from the scene of the crash;
  • Video footage from traffic cameras or dashboard cameras; and
  • Comparing the time of the accident against the traffic light’s automated programming to determine who had the green, yellow, or red light at the time of the crash.

Let our lawyers at Russell & Hill, PLLC, investigate your case to determine liability in a failure to yield car accident. Call our offices at 206-880-7703 for a free case evaluation.

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