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Failure-to-yield accidents are a common and dangerous problem on Phoenix roadways, often resulting in severe injuries and even fatalities. When drivers fail to yield the right-of-way at intersections, crosswalks, highway merges, or while making left turns, they put themselves and others at serious risk. These crashes frequently involve pedestrians, cyclists, and other motorists who assume the at-fault driver will follow traffic laws.
At Torgenson Law, we understand the devastating impact a failure-to-yield accident can have on victims and their families. If you or a loved one has been injured in a failure to yield crash in Phoenix, our experienced auto accident attorneys are here to protect your rights and fight for the maximum compensation available.
Phoenix is known for its congested roadways, high-speed traffic, and dangerous intersections. With so many vehicles on the road, failure-to-yield accidents are a serious concern. According to the Arizona Department of Transportation (ADOT), failure to yield is one of the leading causes of car accidents in the state.
Common situations where failure-to-yield accidents occur include:
Many of these accidents are preventable, and when they occur due to driver negligence, victims have the right to pursue compensation for their injuries.
Failure-to-yield accidents often happen when drivers ignore traffic laws or misjudge the actions of other vehicles and pedestrians. Below are some of the most common causes of these dangerous crashes:
Drivers who are texting, talking on the phone, eating, or adjusting their GPS may fail to notice stop signs, traffic signals, or oncoming traffic. A momentary distraction can lead to a devastating collision if a driver fails to yield at an intersection or pedestrian crossing.
Speeding drivers often misjudge the distance and timing needed to yield properly, leading to collisions. Aggressive drivers who fail to slow down at intersections or force their way through traffic create hazardous conditions for everyone on the road.
Drivers under the influence of alcohol, drugs, or prescription medications have slower reaction times and impaired judgment, making it more likely they will fail to yield. Many failure-to-yield accidents occur at night or early in the morning when impaired driving is more common.
Drivers who run red lights, roll through stop signs, or fail to follow yield signs put others at risk. Many crashes occur when drivers fail to yield the right-of-way when making left turns or merging onto highways.
Poorly maintained roads, faded traffic signs, malfunctioning lights, and bad weather can make it difficult for drivers to recognize when they need to yield. In some cases, government entities may be liable for failing to maintain safe road conditions.
Failure-to-yield accidents can result in severe and life-altering injuries, especially when they involve high speeds, pedestrians, or cyclists. Some of the most common injuries include:
A forceful impact can cause concussions, skull fractures, or brain trauma, leading to memory loss, speech difficulties, and long-term cognitive issues. Even mild TBIs can have lasting effects on a victim’s quality of life.
A failure-to-yield accident can result in spinal cord damage, leading to partial or total paralysis. Victims with spinal injuries often require extensive medical treatment, rehabilitation, and lifelong care.
Victims of failure-to-yield accidents often suffer broken arms, legs, ribs, or pelvis injuries. Severe fractures may require surgery, physical therapy, and extended recovery periods.
Blunt force trauma can cause serious internal injuries that may not be immediately visible. Damage to the liver, spleen, or lungs can be life-threatening without immediate medical attention.
Unfortunately, many failure-to-yield accidents result in wrongful deaths, particularly when they involve pedestrians, cyclists, or high-speed collisions. Families who lose a loved one in these tragic accidents may be entitled to compensation for funeral costs, loss of income, and emotional suffering.
The physical and emotional toll of a failure-to-yield accident can be overwhelming. Victims may face long recovery periods, costly medical bills, and permanent disabilities. Seeking legal representation can help them receive the compensation they need to move forward.
Many drivers and accident victims have misunderstandings about failure to yield crashes, which can impact how they handle their claims. Below are some common misconceptions — and the truth behind them.
Many people assume that if a driver collides with another vehicle, they are automatically responsible for the crash. However, in failure-to-yield accidents, the driver who failed to yield the right-of-way is often at fault — even if they were not the one who made direct contact with the other vehicle.
Some people believe that failure-to-yield accidents are low-speed and do not result in serious injuries. In reality, these crashes often involve high-speed intersections, pedestrians, or cyclists, leading to catastrophic injuries or fatalities.
Drivers are responsible for being aware of their surroundings and following right-of-way laws. Claiming that they “didn’t see” another vehicle or pedestrian does not excuse them from liability in a failure-to-yield accident.
Many victims assume that insurance companies will fully compensate them for medical bills, lost wages, and other damages. However, insurers often try to minimize payouts, making it essential to work with an experienced attorney to fight for fair compensation.
Determining liability in a failure-to-yield accident is crucial for ensuring victims receive full compensation. Depending on the circumstances, multiple parties may be held responsible.
The driver who failed to yield the right-of-way is typically the primary at-fault party. This includes drivers who ran red lights, failed to stop at stop signs, or ignored yield signs, causing a collision.
If a delivery driver, rideshare driver, or commercial truck driver caused the accident while on duty, their employer may also be liable. Companies can be held responsible if they failed to train drivers properly or encouraged unsafe driving behaviors.
If poorly designed intersections, malfunctioning traffic signals, or missing road signs contributed to the accident, the city or state responsible for maintaining Phoenix roadways may be partially liable.
If a brake failure, defective steering system, or another mechanical malfunction contributed to the accident, the manufacturer or repair shop may be held responsible for the crash.
Victims of failure-to-yield accidents may be entitled to compensation for their injuries and losses. Compensation generally falls into three categories:
Regardless of the circumstances of your accident, it’s your attorney’s job to fight for the compensation you deserve. That said, there are several challenges they are going to have to overcome in order to secure your restitution.
Car accident cases can be complex, requiring thorough investigations, legal expertise, and strong evidence to fight for victims to receive fair compensation. While some cases may seem straightforward, many obstacles can arise that make the claims process difficult. Understanding these challenges can help victims prepare for potential hurdles and take the necessary steps to protect their legal rights.
One of the most common challenges in car accident cases is determining and proving liability. Insurance companies and at-fault drivers often dispute responsibility for the crash, claiming the victim was partially or entirely at fault. Arizona follows a comparative negligence rule, meaning a victim’s compensation can be reduced if they are found to share some degree of fault. A strong legal case with supporting evidence — such as police reports, witness statements, and accident reconstruction — can help counter these claims.
To successfully pursue a car accident claim, victims must provide clear evidence of how the accident occurred, who was at fault, and the extent of their injuries. However, in many cases, crucial evidence — such as surveillance footage, dashcam recordings, or eyewitness testimonies — may be unavailable or difficult to obtain. Additionally, accident scenes change quickly, making it essential to gather as much evidence as possible immediately after the crash. A skilled attorney can help locate and preserve vital evidence to strengthen a case.
Insurance companies often attempt to minimize payouts by delaying claims, denying responsibility, or offering settlements far below what a victim deserves. They may argue that the victim’s injuries are not as severe as claimed, that pre-existing conditions contributed to the injuries, or that the medical treatment was unnecessary. In some cases, insurers may even try to shift blame onto the victim. Having legal representation will help make sure that insurance companies are held accountable and that victims do not accept unfair settlements.
Car accident injuries can range from minor to life-altering, and some victims may not realize the full extent of their injuries right away. Conditions such as traumatic brain injuries (TBI), spinal cord damage, and internal injuries may require long-term treatment, rehabilitation, and ongoing medical care.
Insurance companies may downplay these medical needs or refuse to cover future healthcare expenses. An experienced attorney can work with medical experts to prove the long-term impact of an injury and fight for full compensation.
Arizona law imposes a two-year statute of limitations on car accident claims, meaning victims have a limited time to file a lawsuit. If a claim is not filed within this period, victims may lose their right to seek compensation. Additionally, claims against government entities — such as accidents involving poorly maintained roads or traffic signal failures — often have even shorter deadlines. Missing these deadlines can jeopardize a case, making it crucial to take legal action as soon as possible.
Some car accidents involve multiple responsible parties, such as negligent drivers, vehicle manufacturers, commercial trucking companies, or government agencies responsible for road maintenance. Identifying all liable parties can be challenging, but failing to do so could result in victims receiving less compensation than they deserve. An attorney can conduct a thorough investigation to determine all sources of liability and maximize the potential compensation available.
Insurance companies frequently pressure accident victims to accept lowball settlement offers shortly after a crash. While an early settlement may seem appealing — especially if medical bills and lost wages are piling up — accepting an offer too soon can be a costly mistake. Once a settlement is accepted, victims typically forfeit their right to pursue further compensation if additional medical expenses arise.
At Torgenson Law, we are committed to fighting for victims of failure-to-yield accidents in Phoenix. Our experienced attorneys will investigate the accident, gather evidence, negotiate with insurance companies, and fight for the compensation you deserve.
If you or a loved one has been injured in a failure-to-yield accident, don’t wait to take legal action. Call Torgenson Law today at 602-726-0747 or reach out online for a free consultation. Let us handle the legal complexities while you focus on healing.
