Failure to Yield Accidents
Right-of-way laws exist to protect motorists from miscommunications on the road relating to which vehicle has the right to proceed and which needs to wait in various traffic situations. However, Oklahoma law does not actually dictate who must proceed, it states who must yield in situations of right-of-way.
According to 2010 data from the Oklahoma Department of Public Safety Office of Highway Safety, there were 12,690 total vehicle crashes in Oklahoma which were due to failure to yield. Within those, there were 65 fatalities and 509 of those accidents resulted in injuries that were considered to be incapacitating.
Drivers should never insist on taking the right-of-way if they are uncertain whether an oncoming vehicle will yield to them, as this can lead to collisions. Just because a driver has the right-of-way does not mean they absolutely have to proceed, but failure to yield to another drivers right-of-way not only breaks the law, it is likely to cause an auto accident as well.
If you or a loved one has been the victim of an auto accident because of another drivers failure to yield to your right-of-way, you may be eligible for compensation due to the pain, suffering and loss you experienced as a result of that crash.
At the Edwards Law Firm we strongly believe that negligent drivers need to be held responsible and accountable for their actions. With this in mind, our auto accident attorneys in Tulsa are dedicated to ensuring that injury victims receive fair and just compensation when injured in a car wreck, and will fight for the MAXIMUM amount that our client may be eligible for.
To find out how we can help, simply fill out the Free Case Review form located on the right side of this page.
Do I Have The Right-Of-Way?
Right-of-way is a very important concept for drivers to grasp, since the law does not dictate who has the right-of-way in every situation. Failure to yield is one of the leading causes of Oklahoma car crashes, and motorists, pedestrians, cyclists, and truck drivers alike must do everything possible to avoid an accident.
The following scenarios are examples of situations where the right-of-way must be yielded to another driver:
- At T intersections
- At Yield signs
- To pedestrians in a crosswalk
- At uncontrolled intersections with vehicles already in the intersection
- When returning to the roadway when the car is parked
- When turning left
- To persons walking with a white cane or a cane with a red tip
- When driving on an unpaved road that intersects with a paved road
- To persons using a seeing-eye guide dog
These are standard scenarios that dictate when a car must yield. Failing to do so can cause an unnecessary accident that may result in serious personal injury, destruction of personal property or even death. In cases of pedestrians and cyclists, failure to yield can maim or kill on impact, causing a lifetime of despair and distress to the family and loved ones of the deceased individual.
Oklahomas Move-Over Law
To protect law enforcement and emergency responders who are sometimes road side during an accident or traffic stop, Oklahoma has implemented a Move-Over law which requires motorists to give those individuals more space on the shoulder.
The following are the provisions of the law, which requires all Oklahoma drivers to slow down and move further away in the event of emergency responders on the side of the road:
A. The driver of a motor vehicle, upon approaching a stationary authorized emergency vehicle or a licensed Class AA wrecker that is displaying a flashing combination red or blue light or any combination of red or blue lights, shall:
- 1. If traveling on a highway that consists of two or more lanes that carry traffic in the same direction of travel as that of the driver, the driver shall proceed with due caution and shall, if possible and with due regard to the road, weather, and traffic conditions, change lanes into a lane that is not adjacent to the stationary authorized emergency vehicle or licensed Class AA wrecker, or if the driver is not able to change lanes or if to do so would be unsafe, the driver shall proceed with due caution and reduce the speed of the motor vehicle to a safe speed for the existing road, weather, and traffic conditions; and
- 2. If traveling on a highway other than a highway described in paragraph 1 of this subsection, the driver shall proceed with due caution and reduce the speed of the motor vehicle to a safe speed for the existing road, weather, and traffic conditions.
B. This section does not relieve the operator of a stationary authorized emergency vehicle or licensed Class AA wrecker from the consequences of reckless disregard for the safety of all persons and property upon the highway.
Injury from an accident that resulted in another drivers failure to yield can have debilitating consequences. If you or a loved one has been hurt, seek legal counsel to understand your rights and what recourse you have to bring the negligent parties to justice. There is no need to suffer in silence or without a legal ally, and the attorneys of Edwards Law Firm have the experience and compassion to fight for the MAXIMUM amount of compensation you may be eligible for.
Contact An Experienced Oklahoma Law Firm
At The Edwards Law Firm, our Tulsa personal injury attorneys believe that an individual suffering from injuries caused by the negligent actions of another has the opportunity to fight for the maximum compensation in the court of law, while holding the negligent party responsible for all losses and damages.
With our main office in Tulsa, we are licensed to serve the entire state of Oklahoma.
To discover more of what our auto accident lawyers have to offer, we welcome you to contact us at 1-800-304-9246 where a member of our intake staff will collect the information about your car accident and connect you with one of our helpful attorneys. Our attorneys work on a contingency fee basis, meaning that we will NOT charge you unless a favorable verdict or settlement has been made.