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Physical evidence, official documentation, witness accounts, and expert analysis must be used to demonstrate that a driver violated someone's right of way and failed to obey traffic laws.
Under Florida law, violating traffic statutes, such as failing to yield the right of way, provides prima facie evidence of negligence, serving as strong proof that the at-fault driver did not exercise reasonable care.
An official accident report documents the parties involved, the traffic laws allegedly violated, such as failure to yield, officer observations, and any citations issued.
A citation represents a law enforcement officer's professional assessment that a driver violated traffic laws in insurance negotiations and litigation.
To establish that another driver caused your accident, it’s essential to collect and analyze key evidence that strengthens your claim by showing what happened, who was at fault, and how the accident unfolded.
Photos of crash scenes establish who should have yielded, vehicle damage angles, skid marks, traffic signals, traffic signs, lane markings, and right-of-way signs. Traffic, surveillance, and dashcam footage can reveal who entered the intersection or traveled in the wrong direction before, during, and after the collision. Video evidence can resolve conflicting driver accounts in many cases by providing objective evidence of driver actions, traffic signal compliance, and events as they unfolded.
Witnesses may be able to determine which driver failed to yield if they were present during the crash. Eyewitnesses may provide testimony about speed, actions, traffic signal compliance, or failure to stop or yield. Third-party statements reinforce claims when they corroborate physical evidence and provide independent verification of how the accident occurred.
Crash dynamics are determined by experts using scientific methods. A vehicle's speed at impact can be determined based on skid marks, debris patterns, points of impact, rest positions, and distances traveled. Data from black boxes can be used to determine speed, braking, and direction in seconds before impact. Experts can estimate vehicle speeds, determine sight lines and visibility, and determine which driver had enough time to yield.
Official traffic signal timing reports or mapping of signs at the crash scene can help determine which driver legally had the right of way. Documentation like this becomes especially useful when the timing of lights is disputed or the position of stop signs is disputed. Signal timing studies and traffic engineering studies can be used to determine whether traffic signals operated properly at the time of the collision and which driver had a green light or stop sign when the collision occurred.
The Law Offices of Sean M. Cleary represents people injured in accidents caused by drivers who violated right-of-way laws. In order to establish that the other driver's failure to yield caused the accident and your injuries, we will gather all the necessary evidence and ensure you get the maximum compensation available for your pain and suffering. We offer free consultations to individuals injured in accidents in which another driver violated their right of way.