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To yield or not to yield…as essential issue in some car accidents

November 26, 2012

Many aspects of driver responsibility are contained in the New Jersey traffic laws. Traffic laws are designed to provide rules and regulations for navigating roadways and potentially reducing car accidents. Although many aspects of driving are detailed in traffic laws, a lot of them involve discretion on the part of the driver. The juncture between traffic regulation and driver interpretation is exemplified in the act of yielding when entering a highway or making a turn. Traffic regulations require vehicles to yield accordingly, but driver interpretation is required for the actual implementation of the act.

A driver’s interpretation of New Jersey’s yielding regulations was the underlying issue in a recent car accident. The accident happened when the driver of the first car attempted to make a left-hand turn. When the driver of the first car crossed through the oncoming traffic lane, the first car collided with a second car that was traveling in oncoming traffic. Both drivers involved in the accident were taken to a local hospital and treated for non-life threatening injuries. The accident remains under investigation at this point.

An accident that involves yielding can be difficult to determine fault. If the driver of the first car failed to appropriately yield and cause the car accident, the driver of the first car may be liable for the injuries incurred by the second driver. Whereas, if the driver of the first car yielded appropriately and the second car failed to respond to surrounding traffic, the second driver may be liable for the injuries incurred by the first driver and so on. The police report regarding the accident can be a useful tool to determine the events of the accident, but in many instances even a separate investigation can help.

Source: NBC 40, “Three injured in two accidents in Pleasantville,” Ryan Parmer, Nov. 21, 2012

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"The Epstein Law Firm recently obtained a multi-million dollar settlement in an extremely complex and difficult financial services case. He and his team not only mastered the complex issues in the case, but also expertly handled all aspects of the negotiations. I cannot thank Michael enough for his dedication and hard work, and I highly recommend him and The Epstein Law Firm for those who need smart, creative, and aggressive lawyers who put their clients’ interests first.”

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