A failure to yield accident occurs when a driver fails to give the right of way to the appropriate motorist, bicyclist, or pedestrian. Examples include failing to yield to oncoming traffic for a left turn; when merging onto a freeway; when merging onto the street from a parking lot or private driveway; when there is a flashing yellow or red traffic light; and when there is a pedestrian in the crosswalk. These accidents are caused by many different factors. Below are the most common factors for these accidents.
California has many laws regarding the right of way. For example, pedestrians always have the right of the way in crosswalks, regardless of whether there is a traffic light. As such, drivers must yield to pedestrians while they are walking in a crosswalk. Drivers must even yield to pedestrians who are jaywalking. Additionally, the motorist who arrives at an uncontrolled or unsignalized intersection has the right of way. As such, the later arriving vehicle must yield to the other vehicle. However, if both vehicles arrive at the same time, the vehicle on the right has the right of way. For mountain roads, the car driving uphill has the right of way. The car driving downhill may be required to reverse to give room to the uphill vehicle.
Additionally, you may bring claim for negligence per se if the at-fault driver violated the laws regarding right of way. In order to recover maximum compensation for your injuries, you should hire an experienced accident attorney.