Motor vehicle accidents can be devastating, leading to property damage, bodily injury, and even loss of life. In most cases, one driver is considered to be at fault, and they are held responsible for the damages incurred. However, there are situations where the driver who should have yielded the right of way is not held responsible for the accident. In this blog post, we’ll explore those situations to help you understand when the driver who should yield may not be at fault.
- Emergency Vehicles: One situation where the driver who should have yielded isn’t at fault is when an emergency vehicle is approaching with lights and sirens on. In these situations, it’s crucial for all other vehicles on the road to pull over and get out of the way. If an accident happens while the driver who should have yielded is trying to clear a path for the emergency vehicle, they may not be held responsible.
- Sudden Stops: In some cases, a driver may have to suddenly stop their vehicle, causing the driver behind them to rear-end them. However, if the driver who stopped had a valid reason for doing so, they may not be held liable. For example, if they had to slam on their brakes to avoid hitting a pedestrian that stepped out unexpectedly into the street, the driver who rear-ended them may be considered at fault.
- Malfunctioning Vehicles: If a driver’s car malfunctions, such as the brakes failing, it can cause an accident. However, if the driver can prove that the malfunction was unexpected, and they had no way of foreseeing it, they may not be considered at fault. In this situation, the responsibility would fall on the manufacturer or mechanic who serviced the vehicle.
- Pedestrians: Sometimes, drivers may get into accidents because a pedestrian wandered into the street unexpectedly. In these cases, the driver may not be found at fault if they had no way of knowing the pedestrian was going to cross and did everything within their power to avoid hitting them.
- Protected Left Turns: When making a left turn, drivers must yield to oncoming traffic. However, if a driver is making a protected left turn (meaning they have a green arrow), any oncoming traffic must stop to allow them to turn. If the oncoming driver doesn’t stop and hits the turning driver, they may not be held responsible.
While the driver who should yield the right of way is often considered to be at fault in motor vehicle accidents, there are situations where they may not be held responsible. Emergency vehicles, sudden stops, malfunctioning vehicles, pedestrians, and protected left turns are all situations where the driver who should yield may not be at fault. However, if you find yourself in an accident, it’s best to speak with an attorney who can help you understand your rights and responsibilities. Remember, safety on the road is everyone’s responsibility, so always drive carefully and cautiously.