Serious collisions often occur when one driver fails to yield to another, such as at an intersection or on-ramp. However, these crashes can make for complicated legal cases when trying to determine who was at fault. Right of way decisions require drivers to exercise significant judgment and caution, often in a matter of seconds.
After a failure to yield accident, you should seek help from an experienced car crash attorney to investigate how the collision occurred. Right of way in Kenosha car accidents is often contested, so dedicated legal assistance might be necessary to establish fault and recover the compensation you need.
Complicating Factors when Determining Fault for Car Wrecks
There are several common scenarios that make for complicated car wreck cases. Right of way is often contested when merging onto highways or approaching yield signs.
Right of Way on Highway On-Ramps
For example, say that an accident happens at the Interstate 94 in Kenosha and the northbound on ramp from Wisconsin Highway 50 (75th Street). A vehicle on the entrance ramp generally has a duty to yield to the vehicle driving on highway I-94. However, what if the vehicle on the highway is in the middle lane and suddenly changes lanes without warning, colliding with the car merging from the on ramp?
In this scenario, it would be easy to assume that the merging driver did not have right of way and was therefore at fault for the accident. As such, it may be necessary for that driver to work with a skilled attorney to gather evidence of what actually occurred. With help from a lawyer, the merging driver could argue that the other motorist was the one that failed to yield right of way by changing lanes without signaling.
Yield Signs in Kenosha
In another example, say that a driver approaches a yield sign and proceeds because the oncoming vehicle is still far away. However, if the oncoming motorist is speeding and gets to the intersection faster than anticipated, a collision may occur. Although the driver without the yield sign would typically have right of way, the fact that they were speeding may complicate determinations of fault. Injured victims in these types of cases should work with a local attorney to help determine who actually had right of way, taking into account all additional factors.
Investigating Right of Way in Kenosha Accidents
In open intersection collisions or other accidents involving right of way, independent witnesses can make or break cases. An experienced legal team could work with investigators to gather witness statements as soon as possible after a car crash.
A legal investigator could also search for any cameras on traffic lights or in commercial areas, as video evidence is invaluable in proving right of way. However, surveillance camera footage is only preserved for a short period of time, so it is crucial for an injured victim to contact a lawyer in their area immediately after a wreck. Particularly when right of way is unclear, a prompt investigation could make all the difference in a victim’s ability to get financial restitution.
Call a Kenosha Attorney to Discuss Right of Way in Car Accidents
Obtaining compensation after a traffic accident is rarely easy, but it can be particularly difficult when drivers disagree on who had the right of way. Without evidence and independent witness statements, it is one person’s word against another as to what actually happened.
At the Law Offices of R.F. Wittmeyer, Ltd., our attorneys are skilled at investigating right of way in Kenosha car accidents. If you or a loved one was injured because another driver failed to yield, work with our team to pursue the compensation that you deserve. Call us today for an initial consultation.