(845) 802-0047When a large commercial vehicle like a semi tractor-trailer, tanker, or box truck fails to yield, it could result in a catastrophic collision. This is particularly true on fast-moving roadways like the interstates or thruways where a failure to yield could result in a high-speed and high-energy collision. This is because large 18 wheelers have significant momentum from their large size and heavy weight, making any collision powerful and dangerous. Occupants of smaller passenger vehicles may be seriously injured and wrongfully killed in these types of New York trucking accidents.
Victims of New York trucking accidents caused by a big rig’s failure to yield could suffer many different types of injuries, including traumatic brain injuries (TBIs), paralysis, amputations, spinal cord injuries, broken bones, and other devastating injuries. Under New York law, victims of personal injury accidents may be entitled to damages for the pain and suffering associated with these injuries, as well as lost wages, lost future earnings, medical bills, and even for the disruption of family bonds.
Where Could a Failure to Yield Occur?
The most obvious instance of a failure to yield is when a tractor-trailer drives through a red, triangular yield sign. But there are many other situations where a large commercial vehicle could fail to yield and be liable to victims of a New York trucking accident. The most common instances of a failure to yield include the following:
- At a stop sign – Once a motorist stops at a stop sign, that motorist must yield to the right-of-way of every other vehicle before moving again.
- Left turns – A vehicle turning left must always yield to the right-of-way of all other vehicles at an intersection; a left turning vehicle literally goes last. But many motorists do not want to wait and will try to “beat the traffic” when the light changes. This is incredibly dangerous, especially for large commercial vehicles like semi-tractor trailers, double trailers, and other longer trucks which will block a portion of traffic. It is also a violation of New York Vehicle and Traffic Law, and one of the most common and dangerous instances of a failure to yield.
- Entering the roadway – From either a parking lot or private driveway, a motorist must yield to the right of way before entering into traffic.
- Lane merges – Merging into a lane requires a motorist to yield to the right-of-way of another vehicle already in that lane. If an 18 wheeler merges into a lane without yielding to other vehicles, it could result in a deadly New York trucking accident.
- Roundabouts – Roundabouts are only successful when all motorist comply with their requirement to yield to other vehicles. When a motorist fails to yield and enters a roundabout haphazardly, it could result in multiple vehicle crashes.
- Blinking red lights – A blinking red light functions as a stop sign, meaning a stopped vehicle cannot start again until it yields to the right-of-way of all other vehicles already in the traffic pattern.
Liability When a Failure to Yield Causes New York Trucking Accidents
Whenever a vehicle fails to yield, like the examples above or in any other possible manner, liability is generally established by identifying the New York Vehicle and Traffic Law that was violated and demonstrating how the actions of the negligent truck driver did so violate that statute. By doing this, a victim can use the doctrine of negligence per se to help win his or her case. This doctrine finds a statute violator automatically negligence when the following elements are met:
- A statute is violated;
- The statute is meant to protect a certain class of persons (i.e., other motorists);
- The statute is meant to prevent certain harm (i.e., in New York trucking accidents).
If these elements are met, a truck driver and trucking company may be automatically found negligent and liable to a victim for a semi tractor-trailer crash. The doctrine of negligence per se can also be used with regulatory violations, such as the Federal Motor Carrier Safety Administration (FMCSA) regulations. However, the violations of a regulation are the only evidence of negligence and not automatically negligence.
In addition to proving liability through statutory violations, victims of New York trucking accidents caused by a failure to yield may be able to win by proving common law negligence. This is a judge-made law that has evolved over decades of public sentiment and opinion. Under New York common law, all motorists must exercise reasonable care under the circumstances in the use and operation of their motor vehicle. When a motorist fails to yield to the right-of-way of another motorist, it is likely that New York common law will find that motorist negligent and a victim may be entitled to recover compensation.
Victims of New York Trucking Accidents Caused by a Failure to Yield Should Call Our Law Firm for Help
A failure to yield could result in a high-impact collision and cause significant personal injuries or wrongful death. Victims in any New York trucking accident due to the negligence of a truck driver or trucking company have rights to protect. If you were seriously injured or if a loved one was wrongfully killed in any type of commercial vehicle crash, please call our New York trucking accident lawyer to schedule a FREE consultation to learn what those rights are and how we can start to protect them for you today.