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You had the right of way. The other driver pulled out anyway. Now you are dealing with injuries, mounting medical bills, and an insurance adjuster who seems to be taking the other driver’s word over yours.
Failure to yield accidents feel personal in a way other crashes do not. The other driver saw you. They had time to stop. They chose not to. And now you are left wondering if you will ever be able to prove what really happened.
You can. Right of way violations leave evidence. Traffic signals, skid marks, witness accounts, intersection cameras — these cases are more provable than most people think. At McCormick & Murphy – Personal Injury Lawyers, Kirk and Jay have spent years building these cases piece by piece. They know where to look for proof when the other side says it never happened.
If you were injured because another driver failed to yield in Colorado Springs, call 719-389-0400. The consultation is free. The evidence does not wait.
Failure to yield means a driver did not give the right of way to another vehicle or pedestrian when the law required them to do so. Colorado traffic law is specific about who must yield and when. These are not suggestions. They are legal obligations.
Common failure to yield violations include:
These violations happen every day across Briargate, Rockrimmon, and Old Colorado City. Many drivers treat stop signs as suggestions. They misjudge the speed of oncoming traffic. They assume they have time to make the turn. And when they are wrong, the collision happens at high speed with little warning to the driver who had the right of way.
The consequences are not minor. Failure to yield accidents often result in T-bone collisions, head-on crashes, or high-impact side collisions. The forces involved cause serious injuries. Broken bones. Traumatic brain injuries. Spinal cord damage. Internal bleeding.
Establishing fault means proving the other driver violated a specific traffic law and that violation caused your injuries. This is not about who tells the better story. It is about evidence.
Police reports carry weight but they are not the final word. The officer writes down what they see at the scene and what each driver tells them. If the other driver claims you were speeding or that the light was yellow, that version goes in the report. It does not make it true.
What matters more is physical evidence. Skid marks show where braking started. The point of impact on each vehicle tells the story of the angle and force of the collision. Debris patterns show which vehicle was where when contact occurred. Traffic engineers can reconstruct the accident based on these facts.
Intersection cameras are critical. Many intersections across Colorado Springs, especially along Powers Boulevard, Academy Boulevard, and Woodmen Road, have traffic cameras. Some are red light enforcement cameras. Some are traffic monitoring cameras. All of them record footage that can prove exactly what happened.
The problem is that footage does not last forever. Some systems overwrite data in as little as 72 hours. Others keep it for 30 days. After that it is gone. This is why acting quickly matters. Kirk and Jay know which agencies control which cameras. They know how to request preservation of footage before it disappears. They have built cases on video evidence that insurance companies said did not exist.
Witness statements add another layer. People sitting at the same intersection. Drivers in nearby lanes. Pedestrians waiting to cross. They saw what happened. Their accounts corroborate the physical evidence. A witness who says the other driver ran the red light is powerful. A witness who saw the other driver texting before the crash is even more so.
Not all failure to yield accidents look the same. The legal violation may be the same but the circumstances vary. Each scenario leaves different evidence and requires a different approach to proof.
This is one of the most common failure to yield accidents. A driver sits in the left turn lane waiting for a gap in oncoming traffic. They misjudge the distance or the speed of an approaching vehicle. They turn anyway. The oncoming car strikes the turning vehicle broadside.
Colorado law requires the turning driver to yield to oncoming traffic. The driver going straight has the right of way. If a collision occurs during the turn, the turning driver is almost always at fault. The exception is if the oncoming driver was speeding excessively or ran a red light.
These crashes cause severe injuries to the driver and passengers on the struck side of the vehicle. The impact zone is the door panel and B-pillar. There is very little structure between the occupants and the other vehicle. Rib fractures, liver and spleen injuries, pelvic fractures, and traumatic brain injuries are common.
A driver approaches a stop sign or red light. They do not stop. They roll through. They glance left and right but they do not actually yield. Or they stop but then pull out into the path of a vehicle that has the right of way.
The result is often a T-bone collision. The violating driver strikes the side of a vehicle traveling through the intersection. These are high-speed impacts. The striking vehicle may not have time to brake. The struck vehicle has no warning and no chance to avoid the crash.
Proof in these cases comes from skid marks, point of impact, and traffic signal timing records. If the light was red for the violating driver, that is a clear violation. Traffic engineers can determine the signal phase at the time of impact based on the timing sequence and the time stamped on the 911 call.
A driver merges onto I-25 or Powers Boulevard without checking their blind spot. They cut across lanes without signaling. They fail to yield to traffic already in the lane. The result is a sideswipe collision or a crash that forces another vehicle off the road.
Colorado law requires the merging driver to yield. The driver already in the lane has the right of way. If a collision occurs during a merge, the merging driver is typically at fault unless the other driver made an unsafe lane change at the same moment.
These accidents cause rollovers when a vehicle is forced onto the shoulder or median. They cause multi-car pileups when a driver swerves to avoid the merging vehicle and strikes another car. Injuries range from whiplash to catastrophic spinal cord damage depending on the speed and the type of collision.
A pedestrian steps into a marked crosswalk. A driver approaching the crosswalk fails to stop. The driver may be distracted. They may not see the pedestrian. They may see the pedestrian and assume they have time to pass before the pedestrian reaches their lane. They are wrong.
Colorado law requires drivers to yield to pedestrians in crosswalks. This applies to marked crosswalks and unmarked crosswalks at intersections. The pedestrian has the absolute right of way once they enter the crosswalk.
Pedestrian injuries in these crashes are catastrophic. Broken legs and pelvic fractures. Head trauma. Internal injuries. The pedestrian has no protection. Even a low-speed collision can be life-altering.
Failure to yield accidents happen suddenly and at high speed. The vehicle with the right of way does not expect the collision. The driver does not have time to brace. The impact forces are absorbed by the body.
Common injuries include:
These injuries require immediate medical attention. Emergency room treatment. Imaging studies. Surgery. Physical therapy. Time away from work. The medical bills accumulate quickly. The lost income compounds the financial stress.
Insurance companies know this. They make early settlement offers before you understand the full extent of your injuries. They pressure you to accept a check and sign a release. Once you sign, you cannot reopen the claim when you discover the injury is more serious than you thought.
Do not sign anything before you talk to a lawyer. Kirk and Jay review settlement offers every day. They know what a failure to yield case is worth. They know what the insurance company is not telling you.
The moments after a crash feel chaotic. You are shaken. You may be injured. You may not be thinking clearly. But what you do in those first minutes affects your ability to recover compensation later.
First, check for injuries. Call 911 if anyone is hurt. Do not refuse medical attention if the paramedics recommend transport. Adrenaline masks pain. Injuries that seem minor at the scene can be serious. A gap between the accident and your first medical visit gives the insurance company an argument that your injuries are not related to the crash.
Second, call the police. Insist on a police report even if the other driver says it is not necessary. The report documents the scene, the damage, and each driver’s statement. It establishes a record of what happened before memories fade and stories change.
Third, take photographs. Use your phone. Photograph the damage to all vehicles from multiple angles. Photograph the position of the vehicles in the roadway. Photograph skid marks, debris, traffic signals, and street signs. Photograph the intersection itself so the layout is clear. These images are evidence.
Fourth, get information from witnesses. If someone stopped to help or saw what happened, get their name and phone number. Write it down. The police may not take witness statements at the scene. You need that information to follow up later.
Fifth, do not give a recorded statement to the other driver’s insurance company. They will call. They will sound friendly. They will say they just need your version of what happened. Do not talk to them. You are not required to give a statement. Anything you say will be used to reduce or deny your claim. Tell them you are represented by counsel and give them your lawyer’s number.
Sixth, preserve evidence of your injuries and damages. Keep copies of all medical records, bills, and prescriptions. Keep a journal of your pain levels, limitations, and how the injuries affect your daily life. Take photographs of visible injuries as they heal. Keep pay stubs or a letter from your employer documenting lost wages.
Traffic camera footage is some of the most powerful evidence in a failure to yield case. It shows exactly what happened. No conflicting stories. No memory issues. Just video of the other driver running the red light or pulling out in front of you.
The problem is getting that footage before it is erased. Different agencies control different cameras. The Colorado Department of Transportation manages cameras on state highways. The City of Colorado Springs manages cameras on city streets. Private businesses may have surveillance cameras pointed at the intersection. Each has different retention policies.
Some systems delete footage after 72 hours. Some keep it for 30 days. Some keep it longer but require a formal request or subpoena. If you wait too long, the footage is gone. It cannot be recovered.
This is where having a lawyer matters. Kirk and Jay know which agency controls which cameras. They know the procedures for requesting preservation of footage. They send preservation letters immediately. They follow up to confirm the footage has been saved. They obtain the footage through formal discovery requests if necessary.
Do not assume the police will preserve the footage. They may request it for their investigation. They may not. Do not assume the insurance company will request it. They have no incentive to preserve evidence that proves their driver is at fault.
Your lawyer does. Call 719-389-0400 as soon as possible after the crash. The sooner the preservation request goes out, the better the chance of securing the footage.
The police report is an important piece of evidence but it is not the final word on fault. The officer who responds to the scene writes down what they observe and what each driver tells them. They may issue a citation if the violation is clear. They may not.
Insurance adjusters rely heavily on the police report. If the report says the other driver ran a stop sign, the insurance company knows they have a problem. If the report says both drivers claim they had the right of way and lists no citation, the insurance company will argue the fault is unclear.
But police reports are not always accurate. The officer arrives after the crash. They did not see what happened. They rely on driver statements and physical evidence. If the other driver lies, that lie goes in the report. If the officer misjudges the evidence, that misjudgment affects the narrative.
This is why independent investigation matters. Kirk and Jay do not rely on the police report alone. They hire accident reconstruction experts. They obtain intersection camera footage. They interview witnesses the police did not talk to. They review traffic signal timing records. They build a case based on facts, not on what one officer wrote in a report.
If the police report is wrong, it can be challenged. Expert testimony can contradict the report. Video evidence can prove the report is inaccurate. The report is evidence but it is not binding on the court or the insurance company.
Insurance adjusters know most people do not understand their rights. They use that to their advantage. They make you feel like the claim is not worth pursuing. They delay. They deny. They make low offers and pressure you to accept.
Common tactics include:
They count on you being overwhelmed. They count on you needing money now. They count on you not knowing what your case is worth.
Kirk and Jay level the playing field. They handle the insurance company so you do not have to. They know the tactics. They know the law. They know what a failure to yield case is worth in Colorado Springs. They do not accept low offers. They do not let the insurance company drag out the process. They fight for full compensation.
Compensation in a failure to yield case covers the full scope of your damages. This is not just about fixing your car. It is about making you whole after an injury that was not your fault.
Economic damages include:
Non-economic damages include:
The value of your case depends on the severity of your injuries, the clarity of the other driver’s fault, the amount of insurance coverage available, and the strength of the evidence. No two cases are identical. Kirk and Jay evaluate every case individually based on the specific facts and damages.
Colorado law sets strict deadlines for filing a personal injury lawsuit. The statute of limitations is generally three years from the date of the accident for injury claims and three years for property damage claims. If you do not file a lawsuit within that time, you lose your right to recover compensation.
Three years sounds like a long time. It is not. Building a strong case takes time. Obtaining medical records. Gathering evidence. Consulting with experts. Negotiating with insurance companies. If negotiations fail and a lawsuit is necessary, you need time to prepare and file before the deadline.
Waiting also hurts your case in practical ways. Witnesses move or forget details. Physical evidence disappears. Camera footage is erased. Medical records become harder to obtain. The longer you wait, the harder it is to prove your case.
Insurance companies know the deadline. They use it as leverage. They delay negotiations until you are close to the statute of limitations. Then they make a low offer knowing you are running out of time to file a lawsuit.
Do not let them run out the clock. Call 719-389-0400 now. Kirk and Jay will evaluate your case, explain your rights, and make sure every deadline is met. The consultation is free. The peace of mind is worth it.
Kirk and Jay built McCormick & Murphy on a simple principle: injured people deserve lawyers who will fight for them, not just process them. They do not hand your case off to a paralegal. They do not settle for the first offer. They do not treat you like a file number.
They know Colorado Springs. They know the intersections where these accidents happen. Powers and Woodmen. Academy and Austin Bluffs. Fillmore and Platte. They know which agencies control the traffic cameras. They know the local courts and the judges. They know how to build a case that wins.
They know the law. Colorado traffic law. Colorado personal injury law. The rules of evidence. The standards for proving negligence. They know what the insurance company is required to pay and what they will try to avoid paying.
Most importantly, they know what you are going through. The pain. The bills. The fear that you will never fully recover. The frustration of dealing with adjusters who do not seem to care. They have represented clients across Briargate, Rockrimmon, Fort Carson, Security-Widefield, and Manitou Springs. They have seen every kind of failure to yield accident and every kind of injury. They know what it takes to win.
If you were injured because another driver failed to yield the right of way, you have rights. You have options. Call 719-389-0400. Kirk and Jay will explain those options in plain language. No legal jargon. No pressure. Just honest advice about your case and what comes next.
The consultation is free. The conversation is confidential. And the evidence that proves your case is disappearing every day. Call now.
Failure to yield right of way means a driver did not give priority to another vehicle or pedestrian when Colorado law required them to do so. This includes violations like running stop signs, turning left across oncoming traffic without a safe gap, entering intersections on red lights, merging into traffic without yielding, and failing to stop for pedestrians in crosswalks. These violations are not judgment calls. They are specific legal obligations under Colorado traffic law. When a driver fails to yield and causes a collision, they are responsible for the injuries and damages that result.
Proof comes from physical evidence at the scene, witness statements, traffic camera footage, and expert reconstruction. Skid marks show where braking began. Point of impact and vehicle damage patterns reveal the angle and force of the collision. Traffic signal timing records establish which driver had the green light. Intersection cameras capture the moments before and during the crash. Witnesses corroborate what the physical evidence shows. Kirk and Jay know how to gather and preserve this evidence before it disappears. They work with accident reconstruction experts who analyze the physics of the collision to establish fault.
Yes. While witness statements strengthen a case, they are not required to prove fault. Physical evidence often tells the story without witnesses. The damage to each vehicle, the position of debris, skid marks, traffic signal timing, and camera footage all provide objective proof of what happened. Accident reconstruction experts can recreate the collision based on these facts. If the physical evidence shows the other driver violated a traffic law, you can recover compensation even without an eyewitness. Kirk and Jay have built successful cases on physical evidence alone.
First, call 911 if anyone is injured and accept medical attention if recommended. Second, insist on a police report even if the other driver says it is not necessary. Third, photograph the damage to all vehicles, the roadway, skid marks, traffic signals, and the intersection layout. Fourth, get names and phone numbers from witnesses. Fifth, do not give a recorded statement to the other driver’s insurance company. Sixth, preserve all medical records, bills, and documentation of lost wages. Then call 719-389-0400 as soon as possible so Kirk and Jay can send preservation requests for camera footage and begin investigating your case before evidence is lost.
Colorado law gives you three years from the date of the accident to file a personal injury lawsuit. While three years may seem like plenty of time, waiting hurts your case. Evidence disappears. Witnesses forget details. Camera footage is erased. Insurance companies use the approaching deadline as leverage to pressure you into accepting a low settlement. Building a strong case takes time. If you wait until the deadline is near, you lose negotiating power and may be forced to settle for less than your case is worth. Call 719-389-0400 now so Kirk and Jay can protect your rights and preserve the evidence while it is still available.
Failure to yield accidents often result in high-speed, high-impact collisions with little warning. Common injuries include traumatic brain injuries from head impacts, cervical spine injuries and whiplash, rib fractures and chest trauma from seatbelt force, abdominal injuries including liver and spleen lacerations, pelvic and hip fractures in side-impact crashes, knee and leg fractures from dashboard impact, and shoulder injuries from airbag deployment. These injuries require extensive medical treatment, surgery, rehabilitation, and often result in permanent limitations. The medical costs can be overwhelming, especially when insurance companies try to minimize the severity of your injuries or claim they are pre-existing.
The police report is important evidence but it does not have the final word on fault. The officer writes down what they observe and what each driver tells them, but they arrive after the crash and did not see what happened. If the other driver lies, that lie goes in the report. If the officer misjudges the evidence, that affects the narrative. Insurance adjusters rely heavily on police reports, but the report can be challenged with independent evidence. Kirk and Jay do not rely on the police report alone. They investigate independently, obtain camera footage, interview witnesses, and consult accident reconstruction experts to establish the true facts of the collision.
Traffic camera footage is controlled by different agencies depending on the location. The Colorado Department of Transportation manages cameras on state highways, and the City of Colorado Springs manages cameras on city streets. Retention policies vary, with some systems erasing footage after just 72 hours and others keeping it for 30 days. Private businesses may also have surveillance cameras pointed at intersections. Preserving this footage requires knowing which agency to contact and sending formal preservation requests immediately. Kirk and Jay know the procedures and act quickly to request preservation before the footage is overwritten. Do not assume the police or the insurance company will preserve this critical evidence. Call 719-389-0400 right away so the footage can be secured.
Failure to yield accidents occur when motorists, cyclists, and pedestrians don’t abide by right-of-way rules on the road. These collisions are alarmingly common across Colorado and the United States, resulting in serious injuries and property damage. Nearly all such accidents stem from at least one person’s negligence, which means injured parties may be entitled to compensation for their losses.
The Colorado traffic code establishes clear rules for right-of-way, but many drivers either don’t understand these laws or choose to ignore them. If you’ve been injured in a failure to yield accident in Colorado Springs, El Paso County, or the surrounding areas, contacting an experienced personal injury attorney at McCormick & Murphy can help you understand your legal options.
Colorado motorists don’t automatically have the right-of-way, even with a green signal. State traffic laws dictate when drivers must yield to other vehicles, cyclists, and pedestrians. All motorists are required to avoid collisions regardless of circumstances, with special attention needed at intersections, crosswalks, and school zones.
At 4-way stops, vehicles must yield to whoever reached the intersection first. When multiple vehicles arrive simultaneously, the vehicle on the left yields to the vehicle on the right. Left-turning vehicles must yield to oncoming traffic unless traffic signals indicate otherwise. Emergency vehicles with active lights and sirens always have the right-of-way, requiring all other traffic to pull over when safe.
Colorado law also specifies that vehicles entering highways from acceleration lanes must yield to highway traffic, and vehicles must yield to pedestrians in both marked and unmarked crosswalks. Failing to follow these rules can result in traffic citations, points on your license, and liability for any resulting accidents.
Failure to yield accidents occur when a driver disregards traffic laws governing right-of-way and causes a collision. Unlike other accident types, the injured victim often strikes the at-fault driver who failed to yield rather than being struck themselves.
Common scenarios include:
The Colorado Department of Transportation (CDOT) reports that failure to yield is among the top causes of serious intersection accidents statewide. In most cases, the person who fails to yield is primarily at fault, though Colorado’s comparative negligence laws may reduce damages if the injured party is partially responsible.
These collisions stem from various forms of negligence or recklessness:
Failure to yield accidents often occur at high speeds and frequently result in T-bone collisions, which are particularly dangerous. The Colorado State Patrol reports these accidents commonly cause serious injuries including dislocated shoulders, hearing damage, traumatic brain injuries, whiplash, spinal cord damage, and internal injuries. The risk increases significantly when large vehicles like semi-trucks or commercial vehicles are involved.
Victims who can prove another driver’s failure to yield caused their collision may recover both economic and non-economic compensatory damages. Economic damages include medical bills, rehabilitation costs, lost income, property damage, and future medical expenses. Non-economic damages cover pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.
Colorado follows a modified comparative negligence system, meaning victims can recover damages as long as they’re less than 50% responsible for the accident. However, their compensation will be reduced by their percentage of fault.
Proving fault requires collecting compelling evidence such as:
The statute of limitations for filing personal injury claims in Colorado is generally three years from the date of the accident, making prompt legal consultation essential.
If you’ve been injured due to someone else’s failure to yield, the dedicated Colorado Springs personal injury attorneys at McCormick & Murphy, P.C. can evaluate your case and help determine if you’re entitled to compensation. With offices in Colorado Springs, Denver, and Pueblo, we serve clients throughout the Front Range region.
Our experienced team can:
A member of our legal team is available 24/7 at 719-389-0400 or through our website. We offer free initial consultations and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
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Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
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