One of the most important rules of the road in Delaware and throughout the United States is the “right of way”—in other words, the order in which cars are supposed to advance through intersections. Whether there is a yield sign posted next to the road or not, you and all other drivers are expected to know and consistently follow right-of-way laws while driving since failing to do so can easily and quickly lead to a serious car crash.

If someone else has injured you by acting irresponsibly in this way, you should strongly consider reaching out to a car accident lawyer from Doroshow, Pasquale, Krawitz, and Bhaya to discuss a potential civil claim. Failure to yield car accidents in Wilmington can be trickier to successfully file suit over than you might expect, and guidance from a knowledgeable legal professional could be key not only to getting all of the civil compensation you deserve but often to getting paid anything at all.

What Are the “Right-of-Way” Laws for Wilmington Drivers?

Delaware Code Title 21, §§ 4131 through 4135 establishes who should yield the right-of-way to whom when vehicles are approaching or entering intersections, turning left off of a roadway, entering a roadway, driving around approaching emergency vehicles, and entering or crossing a divided highway. In general, traffic entering an active roadway should yield to traffic already in the roadway, and drivers approaching intersections should yield to the driver on their right unless they arrived at the intersection before the other driver did, in which case that other driver should yield to them.

Del. Code Tit. 21, § 4164 additionally instructs all drivers to yield the right-of-way to traffic already in the roadway when they are about to enter that roadway from somewhere with an erected “yield” sign. A Wilmington attorney can go into further detail about how local police tend to enforce failure to yield laws and what effect they may have on an auto wreck lawsuit during a private initial consultation.

Failure to Yield as Grounds for a Civil Claim

Anyone who fails to yield properly in accordance with the laws mentioned above or who breaks any other traffic law imposed by the Delaware Code has “breached” the “duty of care” all drivers have to act lawfully and responsibly at all times behind the wheel. If such a breach of duty is the direct and primary cause of a traffic collision which likely would not have happened at all without that breach, the person who committed the breach is legally “negligent” and can be held financially liable for ensuing “damages” based on that negligence.

In this context, “damages” can include both economic and non-economic forms of harm stemming directly from a failure to yield car accident in Wilmington, including:

  • Past and future medical expenses
  • Past and future income loss, including long-term loss of earning capacity
  • Car repairs/replacement costs and other personal property damage
  • Physical discomfort and pain
  • Emotional and psychological anguish
  • Lost overall quality of life and other effects of permanent disfigurement/disability

Talk to a Wilmington Attorney About a Possible Failure to Yield Car Accident Lawsuit

Seeing someone who was supposed to yield the right-of-way to you come speeding up towards you instead can be a uniquely frightening and often life-altering experience. Unfortunately, the process of demanding civil compensation from that person for the harm they have unfairly caused you can also be stressful and complicated, particularly if you try to do it alone.

Fortunately, you have help available after a failure to yield car accident in Wilmington from Doroshow, Pasquale, Krawitz, and Bhaya. Call today to learn more.