Seeking Damages After a Failure-to-Yield Crash

Michigan drivers are required to follow state and local traffic laws to help protect others on the road from harm. Yielding the right of way is one of those laws. When reckless or negligent drivers fail to yield, it can result in a serious collision and life-altering injuries.

Motorists owe a duty of care, not just to other drivers, but also to passengers, motorcyclists, pedestrians and cyclists. If you have been injured because of another driver’s failure to yield, our Grand Rapids car crash attorneys are prepared to help. Contact our law offices anytime to schedule your free consultation to talk about your situation and potential legal options.

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What Are Michigan’s Right-of-Way Laws?

Michigan’s right of way laws, when followed, help to reduce confusion on the road and prevent traffic accidents. These include yielding the right of way:

At Intersections

• No traffic signal, four-way stop or other sign: When approaching these intersections, drivers must yield to vehicles that are already there. If you reach the intersection at the same time as another vehicle, yield to the driver on the right.
• Left turns: Drivers who intend to turn left at an intersection must yield the right of way to oncoming traffic and pedestrians.
• Yield sign: Slow down as you approach the intersection, check for traffic, and yield to any vehicle that is in the intersection. Come to a full and complete stop if necessary.

To Pedestrians

Under Michigan’s crosswalk law, drivers must yield to pedestrians anytime that:

• Pedestrians are on the same side of the street as the vehicle that wishes to pass
• Pedestrians are actively walking in the crosswalk

The law does not require drivers to yield to pedestrians at other times, such as:

That said, be aware that some cities in Michigan have adopted their own pedestrian laws. You should check with your city to make sure you know what laws apply there. Additionally, even though there are times you are not legally required to stop for a pedestrian, you still owe a duty of care to avoid hitting a pedestrian or causing an accident.

At Other Times

Under state law, drivers are also required to stop and yield the right of way for:

• Entering a highway: From a road, alleyway or driveway – and before turning on a red light
• Emergency vehicles/utility vehicles: Whenever an emergency vehicle with flashing lights is either stopped or approaching from any direction. If driving, pull over as soon as you can safely do so to allow the emergency vehicle to pass. If in a roundabout, exit first and then pull over to allow them to pass.
• Law enforcement: When a uniformed officer or flagger is directing you through traffic, you must yield as directed.
• Stopped service vehicles: Yield if you approach any stopped utility services vehicle, such as a garbage or tow truck.
• Funeral processions: Drivers must yield for vehicles in a funeral procession.

Can Drivers Be Ticketed for a Failure to Yield?

Failing to yield the right of way is a violation under the law, so yes, drivers can receive a ticket. In the state, traffic violations are classified as either a criminal misdemeanor or a civil infraction. A failure to yield in Michigan is classified as a civil infraction and not a crime. That said, drivers who violate this traffic law may, in addition to the ticket, receive a fine and two points on their driving record. These points will remain on a driver’s record for two years following the infraction.

What if You Are Injured in a Failure-to-Yield Crash?

The damages you can recover after a failure-to-yield crash may vary. The value of a valid claim is based on several factors, including the extent and type of a victim’s injuries. In general, there are two categories of damages that victims may be eligible to recover, including:

Economic Damages

Economic damages are recovered through your Michigan no-fault insurance claim. They cover costs that you can easily prove and calculate, such as:

Excess Economic Damages

Following the auto insurance reform law that went into effect on July 1, 2020, policyholders may choose different levels of PIP coverage. However, in a serious car crash, any option less than the unlimited PIP coverage may not provide sufficient compensation. If your medical costs, lost wages or survivor’s loss benefits exceed the limits of your personal injury protection (PIP), you may be able to seek excess economic damages as well.

Noneconomic Damages

Non-economic damages, which compensate victims for their psychological, emotional and physical trauma, are subjective and therefore not as easy to quantify. If you qualify, by meeting the state’s injury threshold, you may also be eligible to recover these additional damages:

Injured in a Failure-to-Yield Crash? Call Jay Trucks for Legal Help Today

If another driver’s negligence caused you to suffer harm in a failure-to-yield crash, our team of legal professionals at Jay Trucks is ready to help. It costs you nothing to find out about your legal options, and there is no obligation to hire our firm. We take cases on contingency, so if we represent you, there are also no upfront costs.

We do not get paid unless we win your case.

Schedule your FREE case review today: 989-244-0537

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