You had the right of way. The other driver turned left in front of you, pulled out from a stop sign, or merged into your lane without looking. The impact happened fast. Now you’re dealing with injuries, a wrecked vehicle, and an insurance company that wants to know why you couldn’t avoid the crash.
Here’s what you need to know: failure to yield accidents leave evidence. Traffic signals, damage patterns, skid marks, witness statements, and increasingly, intersection camera footage. These cases are not your word against theirs. They’re about physics, timing, and what the law requires every driver to do before entering an intersection or changing lanes.
At McCormick & Murphy, P.C., we represent people injured in failure to yield collisions across Denver, Aurora, Lakewood, Arvada, Westminster, Thornton, and throughout the metro area. We know how to document these cases, preserve critical evidence before it disappears, and prove what happened when the other driver failed to give you the space the law guarantees.
Colorado law establishes who has the right of way in nearly every driving situation. The driver approaching from the right at a four-way stop. The driver already in the roundabout. The pedestrian in a marked crosswalk. The vehicle traveling straight through an intersection when another driver wants to turn left across their path.
Failure to yield means a driver entered a space they were legally required to wait for. They didn’t look. They misjudged your speed. They gambled they could make it. And the crash that followed was the direct result of that violation.
The most common failure to yield scenarios we see in Denver include:
Each of these situations has a clear rule. When that rule is broken, the driver who violated the right of way is generally at fault for the collision and the injuries that result.
The challenge in these cases is rarely the law. The law is clear. The challenge is proving what happened in the seconds before impact when the other driver is claiming they looked, they had time, or somehow you were going too fast.
We establish fault by building a record that shows exactly what occurred:
Police reports matter, but they’re not the final word. An officer will document the scene, interview drivers and witnesses, note damage patterns, and often indicate in the narrative who violated the right of way. But the report is not a legal finding of fault. It’s one piece of evidence. Insurance companies and juries consider it, but if the report is incomplete or the officer didn’t witness the crash, we gather additional proof.
Damage tells a story. The location of the impact on each vehicle reveals the angle of collision. A T-bone impact on your passenger door shows the other car entered your lane. Damage to the front corner of the turning vehicle and the front driver’s side of your car confirms they turned into your path. We work with accident reconstructionists who read these patterns and translate them into clear testimony about what must have happened.
Skid marks and debris fields matter. If you braked hard trying to avoid the collision, those marks show where you were and how little time you had to react. The final resting position of both vehicles, documented in photos and diagrams, confirms the physics of the crash.
Witnesses make the difference. Other drivers, passengers, pedestrians, or people in nearby businesses who saw the crash provide independent accounts. We locate these witnesses quickly, before memories fade and contact information is lost, and take recorded statements that preserve their observations.
Intersection cameras are more common than most people realize. Traffic signal cameras, red light enforcement cameras, city-operated safety cameras, and private security cameras from nearby businesses often capture the moments before and during a collision. But this footage is not held forever. We send preservation letters immediately to ensure video evidence is not overwritten or deleted.
If your crash happened at a controlled intersection in Denver, Aurora, Lakewood, or other metro cities, there is a real chance it was recorded. Traffic cameras monitor signal timing and traffic flow. Red light cameras document violations. Businesses near busy intersections run security systems that sweep the street.
The problem is retention. Most systems overwrite footage on a loop — sometimes within days or weeks. If you wait too long to request it, the video is gone.
We act fast. We identify which agencies or businesses might have cameras covering the crash location. We send formal preservation requests to the City of Denver, the Colorado Department of Transportation, private property owners, and any other entity that might hold footage. We follow up to confirm preservation and obtain copies for our investigation.
This footage often answers the key question: Did the other driver have a green light, a red light, or a yellow light they tried to beat? Did they stop at the sign or roll through? How much time passed between when they entered your path and when the collision occurred?
Video doesn’t argue. It shows exactly what happened.
These crashes happen at high speed and high impact. When one driver enters another’s path, the struck vehicle often has no time to brake. The result is a collision with significant force, often at angles that expose the most vulnerable parts of the car and the people inside.
We represent clients with:
The medical bills, lost income, and long-term care needs following these injuries can be overwhelming. Insurance companies will try to minimize the severity or argue you’ll recover quickly. We work with medical experts who document the full extent of your injuries and the treatment you’ll need going forward.
If you’ve already received a copy of the crash report, you may have noticed language that seems vague or noncommittal. Officers use specific terminology, and understanding what it means helps you know where your case stands.
“Driver 1 failed to yield the right of way.” This is clear. The officer is identifying a violation and assigning responsibility for the crash.
“Driver 1 stated they did not see Driver 2.” This is an admission. A driver’s failure to see another vehicle does not excuse the violation. The law requires them to look and to yield.
“Contributing factors: Failure to yield.” This language indicates the officer believes the failure to yield caused or contributed to the crash.
“Crash diagram shows…” The diagram is evidence. It shows positions, direction of travel, and point of impact. Even if the narrative is neutral, the diagram often tells the story.
“No witnesses located.” This does not mean there were no witnesses. It means the officer did not locate them at the scene. We conduct our own investigation to find people who saw what happened.
“Both drivers claim they had the right of way.” This language frustrates clients. But it’s not the end of the case. It means the officer is reporting what each driver said. It does not mean fault cannot be determined. We prove fault with evidence beyond driver statements.
Sometimes the report is inconclusive. The officer was not at the scene when the crash occurred. Both drivers tell different stories. There were no independent witnesses interviewed. The narrative lists facts but makes no determination about who violated the law.
This does not mean your case cannot be won. It means we have work to do.
We investigate beyond the police report. We go to the scene and photograph sightlines, signal timing, signage, and road conditions. We pull traffic camera footage. We canvass nearby businesses and homes for witnesses or security video. We retain accident reconstruction experts who analyze vehicle damage, speed, and point of impact to show how the crash occurred and who had the right of way.
Insurance adjusters prefer clear police reports that do their work for them. When the report is unclear, they may deny your claim or offer far less than it’s worth, hoping you’ll accept rather than fight. We fight. These cases are provable, and we know how to prove them.
Colorado follows a modified comparative negligence rule. That means even if you were partially at fault for the crash, you can still recover compensation as long as you were not more than 50% responsible.
Insurance companies use this rule to reduce what they pay. They’ll argue you were speeding, or distracted, or somehow contributed to the crash even when the other driver violated your right of way. If they can assign you 20% fault, they reduce their payout by 20%. If they can push your fault over 50%, they pay nothing.
We challenge these arguments with evidence. If you were traveling the speed limit, we prove it with accident reconstruction. If you were paying attention and the other driver simply pulled out in front of you, we show you had no time to react. We do not let insurance companies shift blame to avoid responsibility.
Your case is not worth less because you couldn’t defy physics and stop in time. It’s worth what the law and the evidence say it’s worth.
In Colorado, you generally have three years from the date of the crash to file a personal injury lawsuit. If you were injured by a government vehicle or a city-owned vehicle, the timeline may be much shorter, and you may need to file a formal notice of claim within 180 days.
Three years sounds like a long time. But evidence disappears. Witnesses move. Memories fade. Video footage is erased. Medical records are archived. The sooner you begin building your case, the stronger it will be.
We also negotiate with insurance companies long before any lawsuit is filed. Most cases settle. But they settle for full value when the insurer knows we have the evidence to win at trial and the time to prepare it.
If you’ve been injured because another driver failed to yield, take these steps to protect your health and your legal rights:
Get medical attention immediately. Even if you feel okay, adrenaline masks pain. Some injuries, including traumatic brain injuries and internal bleeding, show symptoms hours or days later. See a doctor the same day if possible. Follow all treatment recommendations.
Do not give a recorded statement to the other driver’s insurance company. They will use your words against you. They’ll ask questions designed to minimize your injuries or create doubt about fault. Refer them to your attorney.
Keep records of everything. Medical bills, prescriptions, therapy appointments, time missed from work, vehicle repair estimates, rental car costs, and out-of-pocket expenses. Your case is built on documentation.
Do not post about the crash on social media. Insurance companies search your accounts. A photo of you smiling at a family gathering will be used to argue you’re not really injured. Privacy settings do not protect you. Assume anything you post will be seen.
Contact an attorney before accepting any settlement offer. Insurance companies make early offers to close cases cheaply before you know the full extent of your injuries or your rights. Once you sign a release, you cannot reopen the claim. We review offers and fight for full compensation that accounts for future medical care, lost earning capacity, and pain you’ll live with long after the case ends.
Failure to yield crashes are preventable. The driver who caused your injuries made a choice. They did not look carefully. They did not wait for a safe gap. They assumed they had time. That assumption put you in the hospital.
You have the right to hold that driver accountable. Not just for what the crash cost you so far, but for what it will cost you going forward. Lost income while you recover. Future medical treatment. The pain you live with. The anxiety you feel every time you approach an intersection.
We represent clients across Denver, Wheat Ridge, Lakewood, Arvada, Westminster, Thornton, Northglenn, Commerce City, Aurora, Englewood, Littleton, Centennial, Greenwood Village, Lone Tree, Parker, Highlands Ranch, Castle Rock, Broomfield, Brighton, Longmont, Boulder, Louisville, Lafayette, Superior, Erie, Golden, Morrison, Evergreen, Conifer, Bailey, Pine, Idaho Springs, Georgetown, Estes Park, Fort Collins, Loveland, and Greeley. If your crash happened anywhere in the Denver metro area or along the Front Range, we can help.
We start by listening. You’ll meet with Kirk McCormick or Jay Murphy, not a paralegal or intake coordinator. We want to hear what happened in your words and understand the full impact this crash has had on your life.
Then we investigate. We obtain the police report, medical records, and crash scene photos. We locate and interview witnesses. We send preservation letters for video footage. We inspect your vehicle and photograph the damage before it’s repaired. We consult with accident reconstructionists and medical experts who can explain to a jury exactly what happened and why your injuries require the compensation we’re demanding.
We handle all communication with the insurance companies. You focus on healing. We focus on building a case that proves fault, documents your losses, and demands full accountability.
Most cases settle. But we prepare every case as if it will go to trial, because that’s how you get insurance companies to offer fair value. They settle when they know you’re ready to win in court.
You don’t owe the other driver’s insurance company an explanation. You don’t owe them a recorded statement. You don’t owe them a quick settlement that leaves you responsible for bills they should be paying.
You have rights. We protect them.
Call 888-668-1182 to speak with Kirk or Jay. We’ll explain what your case is worth, what evidence we need to prove it, and what happens next. The call is free. The consultation is free. You pay nothing unless we recover compensation for you.
The other driver failed to yield. Now it’s time to hold them accountable.
Failure to yield right of way means a driver entered a space they were legally required to wait for, violating Colorado traffic laws that dictate who has priority in specific driving situations. Common examples include turning left across oncoming traffic without a safe gap, running a stop sign, merging without checking blind spots, or entering an intersection when another vehicle already has the right of way. The driver who fails to yield is generally at fault for any resulting collision and injuries.
We prove failure to yield through a combination of evidence: police reports that document the violation, vehicle damage patterns that show the angle and point of impact, witness statements from people who saw the crash, skid marks and debris fields that reveal positions and speed, and increasingly, intersection camera footage that captures the moments before collision. Accident reconstruction experts analyze this evidence to show exactly what happened and who violated the right of way law.
An inconclusive police report does not end your case. It simply means we conduct our own investigation beyond what the officer documented. We return to the crash scene to photograph conditions and sightlines, locate witnesses the officer may not have interviewed, obtain traffic camera or business security footage, and work with accident reconstruction experts who analyze damage and physics to prove how the crash occurred. Many successful cases are built even when the initial police report is neutral or incomplete.
Possibly, but time is critical. Many Denver-area intersections are monitored by traffic cameras, red light enforcement cameras, or private security cameras from nearby businesses. However, most systems overwrite footage on a rolling basis, sometimes within days or weeks. We immediately send preservation letters to the City of Denver, CDOT, and any businesses or property owners who might have cameras covering the crash location. The sooner we act, the better chance we have of obtaining video evidence that shows exactly what happened.
Colorado’s statute of limitations generally gives you three years from the date of the crash to file a personal injury lawsuit. However, if the at-fault driver was operating a government or city-owned vehicle, you may need to file a formal notice of claim within 180 days. While three years may seem like ample time, evidence degrades quickly — witnesses move, memories fade, and video footage is erased. Starting your case early preserves critical evidence and strengthens your position in settlement negotiations.
Failure to yield crashes often happen at high speed with little warning, resulting in serious injuries including traumatic brain injuries from sudden impact, spinal cord injuries and paralysis from vertebral fractures, broken bones throughout the body, internal organ damage and bleeding, severe whiplash and soft tissue injuries, facial trauma and scarring from airbags or glass, and psychological trauma including PTSD. These injuries frequently require extensive medical treatment, long-term care, and result in significant time away from work.
Colorado follows a modified comparative negligence rule, meaning you can recover compensation even if you were partially at fault, as long as you were not more than 50% responsible. If you are found to be 20% at fault, your recovery is reduced by 20%, but you still receive 80% of the total damages. Insurance companies often try to shift blame to reduce what they pay, but we challenge these arguments with evidence showing the other driver’s failure to yield was the primary cause of the crash, protecting your right to full compensation.
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