Yielding is an important practice that drivers in New Mexico must master for the safety of everyone on the roadway. Failing to yield the right-of-way when it is required can have serious consequences, such as a harmful or fatal crash. If you get hurt in a failure-to-yield accident, learn your rights with help from an experienced car accident attorney in Albuquerque.
The Dangers of Failing to Yield
Failing to yield means a motorist violates New Mexico’s traffic laws by proceeding into an intersection or roadway when it is someone else’s turn. In specific traffic situations, such as at an intersection, New Mexico has laws that dictate who has the right to proceed. Breaking these rules increases the odds of a collision by putting a driver in the wrong place at the wrong time.
Failing to yield the right-of-way is an extremely dangerous mistake that can lead to catastrophic accidents. This includes T-bone collisions, head-on collisions, high-speed accidents, and collisions with vulnerable road users (motorcyclists, bicyclists and pedestrians). These accidents can lead to broken bones, brain injuries, spinal cord damage and other serious injuries.
Who Has the Right-of-Way in New Mexico?
The “right-of-way” refers to the legal right to proceed based on the traffic laws applicable to the scenario. Motorists in New Mexico need to learn these rules before they attempt to navigate public roads. Otherwise, they may make dangerous mistakes that result in a failure-to-yield accident.
Right-of-way rules vary based on location:
- At a crosswalk: pedestrians have the right-of-way at marked and unmarked crosswalks in New Mexico. Drivers are required to stop and yield to pedestrians who are approaching or already in a crosswalk.
- At a four-way stop: at a four-way intersection with stop signs, the driver who arrives first has the right-of-way. If two vehicles arrive at the same time, the vehicle to the right has the right-of-way.
- At a signalized intersection: at an intersection that has a traffic control signal, drivers must wait for the steady green light to proceed. A steady red light requires the driver to stop. When making a left turn at a green light, drivers must yield to oncoming traffic.
- At a highway on-ramp: all traffic that is already on the highway has the right-of-way at an on-ramp. Drivers who are entering the highway are responsible for yielding and merging safely into existing traffic.
The right-of-way is not automatically given to any one type of road user in New Mexico. Instead, drivers must adjust to each unique circumstance based on applicable traffic laws. Violating traffic laws or negligently failing to yield is a tort or wrongdoing that can make the driver responsible (liable) for a victim’s related injuries.
When to Contact a Car Accident Attorney in New Mexico
If you get hurt in an accident involving a driver who failed to yield the right-of-way, it can be helpful to contact a car accident lawyer for assistance with the insurance claims process. These types of cases can have challenges, such as an insurance company disputing liability and trying to blame you for the collision.
An attorney can help you collect evidence to help prove fault, such as accident reconstruction evidence, police reports, eyewitness statements and video footage. Your lawyer can negotiate with an insurance provider or litigate your case in court to fight for fair financial compensation for your medical bills and property repairs.
To learn more about how a car accident attorney can help you with a failure to yield case in Albuquerque, contact us at The Fine Law Firm for a free case review.