Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.
When behind the wheel of a vehicle, all drivers must follow the rules of the road, including yielding to others when appropriate. This imposes a legal duty on you, the driver. The ramifications of failing to meet this duty are both civil and criminal. Unfortunately, some drivers act as though they maintain the right of way regardless of what the rules say, and their conduct is dangerous and potentially reckless. Under the law, when a driver operates their vehicle in a way that puts others at risk of harm, and a collision, injuries, or death result, they can be held liable. However, just because the law enables you to hold a negligent driver liable does not mean everyone will believe your version of how the accident occurred. Our DC failure to yield car accident lawyers have over 70 years of experience persuading insurance companies and juries of just that.
If you or a family member suffers injuries in an accident due to a reckless driver, a local attorney could help you seek compensation. A DC failure to yield accident lawyer could help navigate the steps to take immediately following a crash, through settlement negotiations. Washington, D.C. car accident attorney Roger Gelb is known for his ability to hold drivers accountable for causing harm. Gelb has secured multi-million dollar recoveries for accident victims over his career. Clients seeking personal communication with their lawyer will be pleased to know they will be in direct communication with Attorney Gelb throughout the legal process. This is one characteristic that sets us apart from the other firms in the area. As a recognized leading law firm that focuses on personal injury, Gelb & Gelb proudly helps people throughout the Washington, D.C area.
One of the most common types of car accidents is a failure to yield collision. When there is a failure to yield, one of the vehicles, usually the defendant’s vehicle, would have an obligation to yield to oncoming traffic. A yield sign instructs drivers to yield to others driving on the road or those already in the favored lane of traffic.
All drivers owe a duty to others on the road to drive with reasonable care. When they fail to do so, and this breach of duty leads to an accident involving injuries, the responsible driver may be negligent and held responsible for monetary damages. Failing to yield when appropriate, as signaled by a “yield” sign or when turning left, can be an example of a driver breaching their duty to drive safely in the context of a negligence claim. A breach of that duty, by itself, is not sufficient to establish liability, although it is necessary. That breach of duty must be the legal cause of a car accident.
Failure to yield accidents can occur on highways or on sidewalks, such as when a car fails to yield the right of way to a pedestrian. In some situations, the driver may disregard a flashing red or yellow light, or a driver can fail to yield to oncoming traffic when turning left, causing a sideswipe collision. In all of these situations, those who suffer injury because of the driver’s actions may pursue a claim for damages against the at-fault driver.
The right-of-way refers to the vehicle that has priority in the favored lane. The vehicle that does not have to yield has the right-of-way. So, how do you know that you have the right-of-way? This question is highly context-dependent. If you are in a lane without a stop sign, yield sign, or some other duty to pause like a traffic officer directing traffic, you typically have the right of way.
Meanwhile, if you have a duty to yield, and you are in a collision with a driver who has a stop sign, you may prevail over that other driver. On the other hand, the defense may raise a contributory negligence defense barring you from recovery if a jury finds you to be even 1% responsible for causing the accident. Thus, even if you have a superior right of way compared to another driver, you are not necessarily eligible to make a claim.
For this reason, it is best to have clean hands in any DC accident. How do we prove priority immediately prior to the accident? There may be a police report with additional information that could corroborate who had the right of way. Also, independent witnesses may be able to corroborate the claim. Passengers or others involved in the crash who saw the accident would also be beneficial. A DC failure to yield accident lawyer could investigate the incident and determine how the collision occurred.
A left turn accident can benefit from representation by a DC failure to yield car accident lawyer. Not only are these highly dangerous accidents, but they can also be challenging to win on liability. They are dangerous because a left-turn accident can occur when at least one driver is moving at highway speeds. This puts everyone at risk who is in their path. The issue here is that the vehicle is flying, trying to make a light before it turns red, but the driver mistimes the light and ends up sailing over 50 miles per hour into a car that has the right of way. Consequently, we see some of the most catastrophic accidents out of left-turn collisions. Additionally, if you are making a left turn with a green turn arrow, the adverse driver may hit the rear of your car.
If hit at the right angle, that can cause your car to spin or even roll over. Besides how dangerous a left-turn accident is in a failure-to-yield claim, it can also be tricky to prove liability. Property damage in a car accident case often tells the story. Unfortunately, this is not true in a left-turn accident case. If the property damage on your car is on the side and on the front of their car, the defendant may argue that you turned in front of them and failed to yield. If they are persuasive enough, the judge or jury will rule that you breached your duty to yield. While dash camera footage or witnesses are helpful, they are not always available. This is when an effective car accident lawyer can help.
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Damages that may be recovered following a failure to yield accident can be both economic and non-economic, and are intended to compensate the victim for all losses that stem from the collision. Income you do not receive due to missing work may be recoverable, as can medical bills and out-of-pocket expenses. Vocational rehabilitation may be necessary to address injuries that interfere with your occupation. These expenses should be part of any damages assessment. Additionally, pain and suffering may be recoverable by the claimant.
The central issue when bringing a personal injury claim for damages is assessing fault. For this reason, even if your damages are $100,000, it may be wise to accept a settlement offer below what your case is otherwise worth to mitigate the liability. This is something worth discussing with your attorney. Additionally, it is important to understand that speaking to the other party’s insurer after a car accident may affect your ability to prove damages in your case. Any admissions you make may be used against you as evidence by the insurer when negotiating and potentially litigating the case. A skilled attorney can help you understand your legal rights and obligations.
If you have suffered injuries in a failure to yield or other type of accident, the court will entertain your case only if it is filed within a certain period. Statutes of limitations are the period of time within which an individual must take legal action. If you miss this cutoff, the defendant may rely on the statute of limitations as a defense against the lawsuit. If the statute of limitations has expired, the court may dismiss your case.
Typically, the time begins to count toward this deadline when the claim arises. Known as the “cause of action,” this is the moment from which the plaintiff may bring the lawsuit. Different states maintain different time periods. For example, the District of Columbia requires that actions for personal injury be brought within three years.
Insurance companies are notorious for offering minimal settlements to accident victims to maintain higher profits. Often, this leads to the victim receiving less compensation than they may be entitled to recover. Knowledgeable personal injury attorney Roger Gelb has spent years successfully building cases on behalf of people hurt or killed by careless or negligent drivers. Throughout the areas of Washington, D.C., people injured in vehicle collisions, slip and falls, and other accidents have received efficient and effective legal representation from Roger Gelb. While working on your behalf, our office will keep you apprised of your claim, providing direct communication with Attorney Gelb throughout the process. Contact us today to learn more about your case. You may reach us by phone at (202) 331-7227 or online.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.