Failing to yield to oncoming traffic is a common cause of car accidents in California and can form a strong basis for a personal injury case, especially if the violation results in injury or death. Here’s how it typically factors into such cases:
🔹 Legal Foundation
Under California Vehicle Code §21801, a driver making a left turn or U-turn must yield the right-of-way to any oncoming vehicle that is close enough to pose a hazard. Failure to do so can establish negligence per se, meaning:
- The driver violated a traffic law.
- The law was designed to prevent the type of accident that occurred.
- The violation caused the plaintiff’s injuries.
If these are proven, the at-fault driver is considered legally negligent.
🔹 Key Elements in a Personal Injury Claim
To win a personal injury case, the plaintiff must establish:
- Duty – All drivers owe a duty to operate vehicles safely.
- Breach of Duty – Failing to yield is a breach.
- Causation – The breach caused the accident.
- Damages – The plaintiff suffered harm (physical, financial, emotional).
🔹 Evidence Typically Used
- Police report citing failure to yield.
- Dashcam or surveillance footage.
- Eyewitness testimony.
- Traffic citations issued at the scene.
- Medical records and bills.
- Expert accident reconstruction (in serious cases).
🔹 Comparative Negligence in California
California uses a pure comparative negligence rule (Civil Code §1431.2), which means:
- Even if the injured party was partially at fault (e.g., speeding), they can still recover damages.
- Their compensation is reduced by their percentage of fault.
Example: If the injured driver is found 20% at fault and the damages are $100,000, they can recover $80,000.
🔹 Common Accident Scenarios
- Left-turn collisions at intersections.
- Failing to yield when merging or entering a roadway.
- Not allowing right-of-way to through traffic on a highway.
🔹 Damages Recoverable
- Medical expenses (past and future)
- Lost wages and earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Law Offices of James R. Dickinson – 909-848-8448
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