Failure To Yield Truck Accident
Failure to yield may be one of the simplest traffic violations, but it can also have some of the most catastrophic consequences. These consequences tend to be even more severe when the driver who fails to yield is behind the wheel of a semi-truck. The resulting truck accident can cause permanent disabilities, fatalities, and lasting psychological trauma. Victims and their families may wonder whether legal action is possible after an incident like this. Is “failure to yield” a form of negligence in Louisiana? Can it lead to a truck accident lawsuit? While online articles might speculate about theoretical accidents, a truck accident lawyer in Louisiana may be able to offer victims more targeted advice about their specific circumstances. Consider discussing these circumstances in more detail by calling Louisiana Law Lady at (504) 470-3511.
How Does Louisiana Define “Failure to Yield?”
Louisiana State Legislature describes various traffic offenses that involve the failure to yield. A stop sign indicates a requirement to halt and yield. If a semi-truck driver runs through a stop sign and fails to yield, they may cause a catastrophic truck accident after striking other vehicles. This situation is relatively common. In a four-way stop intersection, the first driver to arrive has the right of way. The second driver to arrive then proceeds, then the third driver to arrive, and so on in “order of arrival.” If two vehicles arrive at a four-way intersection at exactly the same time, the vehicle to the right has the right of way.
Louisiana roadways often feature yield signs that clarify when truck drivers are required to yield. While a trucker might not need to come to a complete stop before a yield sign, they must slow down and scan for other drivers and pedestrians who have the right of way. According to Louisiana law, failing to yield in this manner (either at a stop sign or yield sign) can lead to fines and license suspensions. If the failure to yield causes serious injury or death, the truck driver may face imprisonment. Finally, negligent truckers or trucking companies may face civil personal injury lawsuits from victims or their families for accidents caused by a failure to yield.
Truckers Often Fail to Move Into the Right Lanes of Highways
In Louisiana, failing to stay in the right lane of a highway is a separate offense. However, it also involves the failure to yield. When traveling on a highway, drivers must remain in the left lane unless they are actively passing another vehicle. The left lane is for drivers traveling at a faster speed, and driving a slower speed than vehicles in the right lane is a traffic offense in Louisiana. In addition, Louisiana State Legislature makes it clear that any vehicle traveling 10 miles per hour below the posted speed limit must remain in the right lane as much as possible.
Truck drivers often commit this traffic offense. Drivers are often frustrated to find slow, lumbering semi-trucks in the left-hand lane, and they may feel tempted to overtake on the right as a result. This situation can be even more frustrating when two semi-trucks drive alongside each other, completely blocking the flow of traffic. Not only is this situation frustrating, but it can also be incredibly dangerous. Victims who believe that their injuries were caused by a trucker who refused to move into the right lane may want to discuss their legal options with Louisiana Law Lady.
Truckers Often Fail to Properly Merge Onto Highways
Another example of “failure to yield” involves merging onto highways. When a driver begins to merge in Louisiana, they must yield to traffic already moving through the highway. The vehicles on the highway have the right of way, and it is the responsibility of the merging driver to find a safe gap. Drivers already on the highway have no legal obligation to slow down or allow merging vehicles to enter. This is something that many drivers – including truckers – do not seem to understand.
This situation can be particularly dangerous when a semi-truck driver attempts to merge onto a highway. Often, these truckers enter highways at incredibly slow speeds. Their vehicles may struggle to match the speed of traffic within the entrance ramp before suddenly moving into much faster traffic. When a slow-moving semi-truck enters a highway with much faster traffic, a truck accident is likely. In addition, these slow-merging truck drivers often fail to indicate before merging and leave traffic congestion in their wake. Victims who believe that their accidents were caused by improperly merging truckers may be able to file personal injury lawsuits.
Can I Take Legal Action After a Trucker Fails to Yield?
If a trucker causes an accident because they failed to yield, victims may be able to file personal injury lawsuits to recover compensation. However, Louisiana is an “at-fault” state – which means victims must prove negligence in order to recover compensation. In other words, a victim must clearly establish that a trucker failed to yield before causing the accident. Although this process can be challenging, experienced truck accident lawyers may be able to help in various ways.
Compelling evidence can show that the trucker failed to yield. Dashcams, traffic cameras, or surveillance cameras might have captured the traffic violation. Eyewitnesses may have seen the trucker merging dangerously or running through a stop sign. Other forms of negligence may have also contributed to the truck accident, such as distraction or impairment. A lawyer might obtain cellphone records or chemical test results to establish these types of negligence.
Discuss Legal Options After a Truck Accident With Louisiana Law Lady
Victims who suspect that negligent truckers have caused their accidents have every right to consider their legal options. Aside from the failure to yield, various other forms of negligence could be relevant. These include distraction, speeding, impairment, fatigue, and many others. Victims may find it easier to investigate the circumstances of their crashes alongside an experienced truck accident lawyer in Louisiana. These legal professionals are often familiar with the factors that cause truck accidents, and they may be able to guide victims toward compensation. Consider contacting Louisiana Law Lady at (504) 470-3511 to discuss this situation in more detail.