Last month, right in the middle of the holiday season, a two-car accident injured seven passengers, including two young children. According to a story by CommercialNews.com, the Vermillion County accident occurred shortly after 2:30 p.m. near State Route 63 at West Market Street in Newport, Indiana.
According to the police report, a driver in a Pontiac was heading south on State Route 63. As the driver attempted to make a left turn onto West Market Street, the Pontiac was hit by a car traveling north on State Route 63. All occupants-including a 9-month-old infant and a 7-year-old child-were taken to Union Hospital in Clinton with non-life-threatening injuries. All occupants were wearing either a seatbelt or were in a child safety seat. Police do not believe that drugs or alcohol were involved in the accident. However, the driver of the Pontiac was cited with failure to yield.
Failure-to-Yield Accidents in Indiana
Hundreds of times per day, the average driver encounters situations where they must yield to another driver. Many times, this becomes instinct; after having driven for a number of years, most of us are familiar when we have the right-of-way and when we must yield the right-of-way. However, sometimes drivers are not paying attention or are driving aggressively and do not yield to the other driver when they should.
When drivers fail to yield, the potential for an accident skyrockets, as in the situation above. For this reason, the State of Indiana has made “failure to yield” a citable offense. In fact, a driver can be cited for failure to yield whether or not a collision occurs.
A Driver’s Failure to Yield May Establish a Presumption of Liability
In some cases, failing to yield at a crosswalk or at a yield sign can create a rebuttable presumption that the driver was responsible for the accident. This presumption can serve to establish not just criminal, but also civil liability. This may sound obvious, but proving fault is often the most difficult element to prove in an Indiana negligence case. This means that if an accident occurs at a crosswalk and the driver failed to stop for the pedestrian before the accident, that driver be presumed to have violated the failure-to-yield law and to be at fault for the accident.
Have You Been Involved in a Failure to Yield Accident in Indiana
If you or a loved one has recently been involved in an Indiana failure to yield accident, you may be entitled to compensation for the injuries you suffered, as well as for any pain and suffering you experienced as a result of the accident. First, you should call the police and ensure that those who require immediate medical attention are cared for. But when you are ready, call an attorney at the Indiana personal injury law firm of Parr Richey Obremskey Frandsen & Patterson to discuss your options. The skilled personal injury lawyers at Parr Richey Obremskey Frandsen & Patterson have the experience and dedication you need to recover from your Indiana car accident. To find out more about the law of negligence and to speak to an experienced and dedicated Indiana personal injury attorney, click here or call 888-532-7766.
Cold Weather and Holiday Libations Can Make for Dangerous Roads, Indiana Accident Attorneys, December 27, 2013.
Valparaiso Iron Worker Dies in Workplace Accident, Indiana Accident Attorneys, November 19, 2013.