It’s hard not to notice those drivers who act like they own the road. They put other people in danger by ignoring the rules and driving irresponsibly. For instance, they disregard rules that require placing other vehicles first in specific situations such as failure to yield and potentially a big truck causing an accident.
A “failure to yield” happens when a driver neglects to give way on the road to another driver. This results in an accident. In some cases, the victim who experiences harm ends up colliding with the vehicle at fault or colliding with another vehicle.
It is a common incident that occurs in places such as traffic. They may also occur due to drivers turning left without giving right-of-way consideration for approaching vehicles. This can in turn cause an accident. Another instance where such incidents can occur is when drivers join highways and drive aggressively.
Recently while a big truck failed to yield, another vehicle collided with a sedan. The incident was caught on video. Observers have different views about the cause of the accident and who should be held accountable for damages. So who is at fault? Let’s discuss.
How Did the Big Truck Accident Happen?
A sedan sustained damage due to another vehicle’s failure to yield. Hence, a big truck caused an accident.
Without watching the video closely and not knowing the safety practices for driving you will blame the sedan. This is because there was an open lane for it to pass but the driver was hesitant. This was due to fear that the truck wouldn’t yield. Therefore, it is not reasonable to blame the sedan when the big truck caused the accident.
What Are the Legal Implications if a Vehicle Refuses to Yield?
According to the California Driver Handbook, drivers must enter the freeway at or near the speed of traffic. They also should not stop before merging into traffic unless it is necessary.
Drivers are also discouraged from trying to merge into small gaps. They are encouraged to use their mirrors, turn signals, and check their blind spots. This is to ensure that the lane they are attempting to merge into is clear.
Improper Merging and Big Trucks Causing an Accident
Drivers who fail to merge properly could be held liable for an accident.
Some of the most common forms of improper merging include:
- Not signaling
- Cutting off other drivers
- Crossing multiple lanes of traffic
- Not checking blind spots
- Merging at a high/slow speed
- Not leaving enough space between cars
California vehicle code 21703 requires you to leave a safe distance between you and the car in front of you. This distance varies according to speeds, road conditions, traffic congestion, and weather. The standard that the courts look at is whether the distance between your car and the car in front of you was reasonable for the conditions on the road.
When you’re driving behind another vehicle, you can determine a safe distance between cars with the three-second rule. That means that when a car passes any given point, you should be able to count to at least three (one Massachusetts, two Massachusetts, three Massachusetts) before you cross that same point.
This is just the minimum safe distance between cars. More space is better when possible and is recommended when the road conditions aren’t ideal. You’ll also want to give yourself more space. This is especially necessary if you’re driving a larger vehicle and/or towing a trailer, as it will take longer to stop.
Now that you know the three-second rule, how does it translate into the number of feet you should leave between you and the car in front of you?
In case you have been involved in an accident as a result of failure to yield, here are some steps that may be helpful. It is crucial to follow some measures that help protect your rights and claim compensation for all the harm inflicted.
Call the police: After a big truck causes an accident, you must reach out to the police. This step is vital as they can record and investigate the incident. They also gather statements from witnesses and produce a report that is instrumental in backing your claim.
Take a picture of the scene: If you have a smartphone or camera take a picture or video of the vehicle causing the accident. This is important in building your case. Additionally, ensuring you get the contact details of every eyewitness along with specifics regarding other drivers involved will prove useful for further investigation purposes.
Contact A Lawyer: Seek the assistance of an attorney in cases of failing to yield. This legal issue can be intricate. Having an experienced lawyer by your side would help clarify any misunderstandings surrounding the law. It will also enable fruitful discussions with insurance companies on your behalf. Make sure to get a lawyer who will collaborate closely with you to develop robust arguments required for adequate reimbursement provisions against inevitable setbacks during litigation.
Medical Help: It is important to seek medical attention after a big truck causes an accident. A thorough examination by a qualified healthcare provider can help identify any hidden injuries. These can be in the form of whiplash or traumatic brain injuries, which may not be apparent right away but could have serious long-term implications.
Promptly seeking medical care ensures you receive the right treatment and helps prevent further complications.
How Do You Prevent Big Trucks Causing an Accidents
If you are a driver the best way to prevent accidents caused by failing to yield is to be observant of your environment and comply with traffic laws. Also, safe driving involves giving way to emergency vehicles, pedestrians, or other drivers on the road.
Understanding road signs and signals also plays a crucial role in avoiding such accidents. This will allow you to adjust your speed accordingly. A little reminder that accidents caused by failure to yield can bring about consequences for all the parties involved.
Any damages that may arise from such accidents, like property damage, medical bills, or loss of income and suffering could result in liability charges brought against you if you are the driver at fault.
Conclusion
It is evident from the video and legal point of view that the fault for causing the accident and damages resulting in harm to either third-party individuals or sedans lies solely within the hands of the truck.