When Failure To Yield Causes A Death Is It Wrongful Death Case?

Yes, a failure-to-yield crash can be considered a wrongful death if a driver’s negligence, recklessness, or traffic law violations result in a fatal accident. In such cases, a wrongful death claim allows surviving family members to take legal action against the negligent driver and pursue fair compensation.

Recognized by Lawyers of Distinction, Todd Miner Law’s experienced litigators provide strategic legal representation to resolve complex wrongful death lawsuits. We investigate fatal crash scenes by obtaining traffic signal data, roadway design records, vehicle black box data, and surveillance footage. Our team also collaborates with accident reconstruction experts to analyze impact angles, right-of-way violations, speed, and visibility. To get legal guidance from an experienced wrongful death attorney, call 407-894-1480.

Can You Sue for Wrongful Death After a Failure-to-Yield Accident?

Yes, you can file a wrongful death lawsuit after a failure-to-yield accident when another driver’s negligence directly caused the fatal crash. In these cases, establishing liability often depends on proving that the at-fault driver violated traffic laws designed to protect motorists, pedestrians, and cyclists, and that this violation caused serious injuries that led to death.

Moreover, in Florida, a wrongful death claim after a failure-to-yield accident is pursued through the deceased person’s estate. The claim proceeds as a single civil action that represents the interests of all eligible surviving members who suffered losses due to the death. This structure allows the court to address accountability for the fatal crash in one comprehensive legal proceeding.

What Counts as “Failure to Yield” Under Traffic Laws in Fatal Crashes?

A fatal failure-to-yield accident in Florida happens when a driver neglects their duty of care and fails to yield the right-of-way. Under Florida § 316.130, failing to yield to pedestrians in crosswalks or while entering a roadway from a driveway can be a violation. For instance, in the Walters v. McQueen case, the court ruled that the driver violated statute § 316.123 and was negligent for entering an intersection in front of another vehicle. Additionally, pulling into traffic from a parking lot without ensuring the lane is clear is also considered a wrongful act.

Is Failure to Yield Considered Negligence Per Se in Wrongful Death Cases?

Yes, failure to yield is treated as negligence per se in Florida if a driver breaks NHTSA traffic laws, such as turning left into oncoming traffic, running a stop sign, or ignoring a red light, and that violation causes pedestrian fatalities or head-on collisions. In wrongful death cases, violating these safety laws can establish liability. However, defendants can challenge this presumption by proving a sudden emergency that made compliance with the traffic law impossible.

How Is Fault Determined in a Failure-to-Yield Wrongful Death Case?

To determine fault in a failure-to-yield wrongful death case, investigators gather evidence such as police reports, surveillance footage, and witness testimony. Investigators also gather skid marks, vehicle damage, and traffic camera footage at intersection layouts to reconstruct the accident scene. Additionally, they may collaborate with forensic experts to analyze speed, braking patterns, and vehicle malfunctions that prove fault. This evidence will strengthen the case and help surviving family members seek compensation for funeral expenses and emotional suffering.

Can “Obstructed View” Excuse Liability in a Failure to Yield Fatal Crash?

No, an “obstructed view” does not excuse liability in a failure-to-yield car accident, as drivers are legally required to stop or proceed at a slow speed when visibility is limited. If the car driver failed to slow down at the intersection or drive at high speed, they can be held liable for the crash. However, if the obstruction results from negligence, the multiple liable parties may share liability, such as:

1. Property Owners: They are responsible if overgrown foliage or bushes block the view.
2. Government Entity: Poorly designed intersections, inoperative traffic signals, or improperly placed signs make the government liable for the person’s death.
3. Other Vehicles: Vehicles parked illegally make the vehicle owner or driver responsible for the accident. 

How Do Traffic Citations Affect a Wrongful Death Claim?

Traffic citations like speeding, running a red light, or DUI prove that the at-fault driver breached their duty of care, which strengthens your personal injury lawsuit to recover compensation. Even if a traffic court dismisses the ticket or finds the driver not guilty, civil liability can still apply.

Additionally, beyond establishing negligence, citations along with police reports help reconstruct the accident scene, clarify fault, and support your wrongful death claim. However, if both parties received citations, Florida’s comparative negligence rules may divide liability and reduce recoverable compensation. Therefore, you should consult an attorney before paying tickets, because it may be considered an admission of fault.

At Todd Miner Law, we carefully review every citation and traffic violation to identify errors or inconsistencies that could reduce your responsibility. Our team investigates the accident scene, consults expert witnesses, and challenges citations to get maximum financial compensation for your losses. Reach out today for a free case review.

Why Do Insurance Companies Challenge Failure To Yield Wrongful Death Claims?

Insurers challenge failure-to-yield wrongful death claims to limit payouts and reduce liability. They may cite policy exclusions, argue the deceased was partially at fault, or dispute damages, including funeral expenses, lost wages, and loss of companionship due to insufficient proof. Here are some additional strategies insurers use to challenge wrongful death claims:

1. They may argue that the victim was speeding or distracted, which made the collision unavoidable and caused fatal injuries.
2. Insurers may argue that the traffic signals malfunctioned, which caused an accident at the intersection. 
3. They may claim that a pre-existing health condition or medical negligence caused the death.
4. They may challenge medical expenses incurred before death and claim they were not directly related to the accident. 
5. Insurance companies often use delay tactics to pressure families into accepting a low-value settlement before completing a full investigation.

How Does Comparative Negligence Affect Failure To Yield Death Claims?

In Florida, courts apply comparative negligence to reduce compensation in wrongful death cases when they find the victim partly at fault under Florida Statutes §768.81. If the deceased contributed to the crash through speeding or distraction, the total recovery may be reduced. For example, if investigators find the deceased 20% at fault, the court reduces the total recovery proportionally, meaning a $100,000 settlement drops to $80,000. In some cases, multiple parties share fault, which further complicates the compensation process.

Get a Free Case Review From Todd Miner Law After a Fatal Failure-to-Yield Crash!

After losing a loved one in a fatal failure-to-yield accident, your family may face sudden loss of companionship, emotional pain, and financial uncertainty. Moreover, you may have to deal with complex legal processes, disputed insurance claims, and the challenge of proving negligence.

At Todd Miner Law, our experienced attorneys provide exceptional legal services and handle wrongful death cases on a contingency-fee basis. From investigating the crash scene to representing you in court, our Florida wrongful death lawyers proudly serve clients throughout Apopka and Winter Park. If you need legal support after your loved one’s death, visit our Orlando office or call 407-894-1480.

FAQs