One of the most common factors that lead to fatal accidents is failure to yield. In fact, it ranks third after speeding and drunk driving. There were 3,663 fatal accidents in 2020 that were caused by failure to yield the right of way. We will explain the importance of yielding the right of way and how failing to do so can lead to devastating motorcycle accidents in New York in the following article.

Each driver on the road has a responsibility to operate their vehicle safely, following all traffic rules, and taking all reasonable precautions to avoid collisions with other vehicles, passengers, pedestrians, and bicyclists. Drivers who breach this duty of care may be held liable for any accidents that result in physical injuries or fatalities.

If you've been injured in an accident due to another driver failing to yield the right of way, it's important to speak with a NY motorcycle accident lawyer from Brandon J. Broderick, Attorney at Law to give you the best chance at recovering damages.

Yield the Right of Way Explained

Allowing other vehicles, bicyclists or pedestrians to go first or cross the intersection before you is yielding the right of way. When a driver must yield or give up their right-of-way is determined by traffic laws. When merging onto a freeway, at intersections or country roads, or when sharing the road with pedestrians and bicycles, it's important to know when to yield the right of way.

Who has the right of way? The short answer is "no one." State law specifies who "must" yield the right-of-way rather than who has it. Everyone driving is obligated to take all reasonable precautions to prevent collisions.

Stop signs, intersections, and roundabouts are where right-of-way laws apply

• Stop Signs - At stop signs, all other traffic, including pedestrians, must yield the right of way to vehicles. The first car to halt at a four-way intersection shall proceed first. The driver on the left should proceed first if two cars are stopped at the intersection simultaneously.
• Open Intersections - At an open intersection, there are no traffic lights or signs. When approaching here, a driver must yield the right-of-way if another vehicle is already there or if they:
  • come from a side road and enter or cross a state highway.
  • enter a paved road from an unpaved road
  • prepare to make a left turn while a car is coming towards them from the other direction.

• Roundabouts - These have been constructed to help with traffic flow and to minimize collisions. They're made to move traffic in the opposite direction of clockwise movement. Any vehicle entering a roundabout must give way to those already within the roundabout.

Motorcycles Are At Risk When Drivers Disregard Right-Of-Way Laws

Motorcycle riders lack the protection that drivers in automobiles or trucks have, such as steel frames, seatbelts, and airbags. Additionally, they are less stable on the road than four-wheeled vehicles. When drivers disregard NY's right-of-way laws and hit a motorcycle, the victims' injuries are typically very severe.

Typical Injuries Motorcycle Riders Suffer from Failure to Yield

Injuries of all types are possible in motorcycle accidents. Some of the typical injuries a motorcycle accident results in includes:

• Limbs - Legs, knees, calves, ankles, and feet can be severely injured and lead to long-term or permanent disability. Injuries include broken bones or fractures, muscle strains or tears, or nerve damage.
• Thorax - The ribs protect the heart, lungs, and other internal organs located in the upper body (thorax). Chest trauma can result in severe injuries.
• Head - Head injuries can range in severity from moderate to severe, even leaving a person permanently disabled.
• Neck or face - Bones and ligaments may be damaged in the neck and face. Broken bones in the face and other facial injuries can lead to deformity and emotional distress from the accident. The jaw, ears, arms, and hands can all experience pain from nerve injury. 
• Abdomen - These injuries, which can be significant and take time to manifest. They could require treatment as well as surgery and ongoing medical care. 
• Spine and spinal cord - Serious spinal cord and spine injuries that cause various types of paralysis from the neck down are possible. They necessitate protracted hospital stays and many doctor visits.

Should You Hire a Lawyer?

In many instances, a motorcycle accident lawyer can advocate on your behalf for more fair compensation, especially if you were critically injured in a car accident because the other motorist failed to yield the right of way.

In the case of serious injuries, the negotiation becomes more difficult the greater the value you are pursuing. This is why it's important to retain legal counsel with experience and never engage with the insurance company without consulting with a lawyer first.

For a free consultation, contact Brandon J. Broderick, Attorney at Law today. You don't have to pay anything upfront. We are only paid if we win your case. Allow us to assist you and turn this setback around for you.