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Failure to Yield Accident Lawyer in Massachusetts
Failure to yield is a leading cause of serious intersection accidents in Massachusetts. Attorney Jeffrey C. Lavey holds drivers who violate right-of-way rules fully accountable for the injuries they cause. Free consultation. No fees unless we win.
Right-of-Way Rules and Accident Liability in Massachusetts
Massachusetts traffic law establishes clear right-of-way rules at intersections, crosswalks, merges, and when making turns. A driver who fails to yield to another vehicle, pedestrian, or cyclist who has the right of way is violating these rules and is liable for any accident that results. These cases often present strong liability evidence because the failure to yield is both a traffic violation and a direct cause of the collision.
Common Failure-to-Yield Accident Scenarios
- Left-turning drivers who fail to yield to oncoming traffic before completing the turn
- Drivers who run stop signs and enter intersections without yielding
- Drivers who fail to yield to pedestrians in marked and unmarked crosswalks
- Drivers who merge onto highways without yielding to traffic already in the lane
- Drivers who pull from driveways and parking lots into the path of oncoming traffic
- Drivers making right turns who fail to yield to cyclists in the bike lane
Proving Failure to Yield
Evidence in failure-to-yield cases includes the police report and any citation issued, witness testimony from drivers, pedestrians, or bystanders who observed the violation, traffic camera or dashcam footage capturing the light or stop sign status and the vehicles’ positions, and physical evidence from the crash including vehicle positions, damage patterns, and skid marks. Attorney Lavey pursues all of this evidence and in complex cases works with accident reconstruction experts to establish fault conclusively.
When Traffic Signal Malfunction Contributes
If a malfunctioning traffic signal contributed to a failure-to-yield accident, the municipality responsible for maintaining that signal may share liability under the Massachusetts Tort Claims Act. These government entity claims have specific presentment requirements with shorter deadlines than standard personal injury claims. Attorney Lavey identifies all potentially responsible parties, including municipalities, at the outset of every failure-to-yield case.
Compensation for Failure-to-Yield Accident Victims
Because liability is often clear in failure-to-yield cases, these claims can frequently be resolved efficiently once all damages are fully documented. Compensation includes medical expenses, lost wages, pain and suffering, and future costs for serious injuries. The focus of Attorney Lavey’s representation in these cases is typically on ensuring that the full scope of your injuries, including long-term and permanent effects, is properly documented and presented.
Frequently Asked Questions
A citation is strong evidence of negligence in your civil claim, it establishes that a police officer determined the driver violated a traffic law that was directly related to the accident. However, a citation is not required. Attorney Lavey builds the liability case from all available evidence regardless of whether a citation was issued.
Disputed right-of-way is one of the most common scenarios in intersection accident cases. Traffic camera footage is often the most reliable evidence. Where footage is not available, witness testimony, damage patterns, and accident reconstruction expert analysis can resolve the dispute. Attorney Lavey pursues all available evidence promptly.
Yes, in most cases. Under Massachusetts modified comparative negligence, you can recover damages as long as your share of fault does not exceed 50%. Your compensation is reduced proportionally by your percentage of fault. If the other driver ran a stop sign and your recovery may be slightly reduced because you were driving a few miles per hour over the speed limit, you can still recover the majority of your damages.
A driver who exits a private driveway or parking lot must yield to all traffic on the roadway before entering. A collision caused by a driver who pulled out without adequate clearance is a clear failure-to-yield case. Attorney Lavey handles driveway exit accident cases throughout Massachusetts.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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