Sentences with phrase «yield by the negligent driver»

Unless the injury victim's lawyer can investigate and find witnesses, security cameras, or experts to reconstruct the crash and scientifically determine the failure to yield by the negligent driver, the insurance company will say it's all finger - pointing and deny responsibility.

Not exact matches

I accept the plaintiff's submission that in order to prove that a plaintiff pedestrian was contributorily negligent, the defendant driver bears the onus of establishing not only inadequate attention on the part of the pedestrian but also must show that by the time the pedestrian realized the driver was not going to yield the right - of - way to the pedestrian, that it would at that point have been possible for the pedestrian to avoid the driver's car.

A New Mexico wrongful death lawsuit was filed by the man's current wife, which alleged that the driver of the construction vehicle was negligent and failed to yield the right of way to the motorcyclist, causing the accident.