After any sort of
car accident, the first thing people start insisting is that they had the right of
way at the time of the collision. Why is right of way so important that
it is at the top of everyone’s priority list? If you can be found
to have had right of way, your liability percentage for the accident could
be reduced down to zero, and the entirety of the payments and compensation
could fall onto the other party’s shoulders.
In a crash involving two or more automobiles, proving right of way hinges
much on roadway signs and traffic signals. Anyone who gets behind the
wheel of a car is assumed to understand the rules of the road at all times.
If there is any evidence to suggest that they don’t, it could also
indicate that they didn’t have the right of way in their accident.
Insurance adjusters automatically assume that the car in the back of a
rear-end accident did not have the right of way, regardless of any other
evidence discovered. Similarly, if you are struck while turning left through
an intersection, liability will be pointed right at you first and foremost.
It is entirely possible that the other car was driving recklessly, speeding,
or ignoring a red light, but unless you can prove that, right of way will
be granted to them.
Right of Way in Other Types of Accidents
Negligent drivers don’t just hit other vehicles on the road, though.
Right of way also needs to be established in pedestrian accidents. A pedestrian
“always has the right of way” according to driver training
classes and while it is true that we must all do what we can to avoid
hurting anyone on foot while driving, this does not free them of liability
in an accident. Pedestrians must use crosswalks and sidewalks whenever
possible, or they could be found completely liable for an accident.
bicycle accidents can also be tricky when it comes to proving right of way. Bicyclists are
meant to act as an automobile most of the time but there are exceptions,
such as specialized bike lanes. In such cases, eyewitness testimony is
one of the strongest forms of evidence to determine what happened and
who had the right of way.
Need Representation? Legal Help Awaits
If you have been in an accident of any sort, allow our Poughkeepsie personal
injury attorneys from Mainetti, Mainetti & O’Connor, P.C. take
up your case. Our law firm has
80+ years of collective legal experience, all of it focused on personal injury claims.
Check out our multi-million dollar
results for more information about our history of success, or feel free to
contact us to set up a
free case evaluation.