Motorists are responsible for yielding the right-of-way to other road users, including drivers, bicyclists, and pedestrians, in specific situations. When they fail to do so, they can cause accidents that leave victims with severe injuries and financial stress. If you were hit by a driver who failed to yield the right-of-way, you may be entitled to compensation for medical bills, lost income, and other crash-related losses.
At Brauns Law Accident Injury Lawyers, PC, we have extensive experience helping injury victims recover financial relief after devastating accidents. We can assist in every aspect of your injury claim, including negotiating with insurance adjusters for a fair settlement. Contact us today for a free consultation with a failure-to-yield lawyer in Duluth, GA.
What Is a Failure-to-Yield Accident?
A failure-to-yield car accident occurs when one driver fails to stop for another driver, a cyclist, or a pedestrian with the right-of-way, resulting in an accident. When a motorist, pedestrian, or other road user has the right-of-way, they have the legal right to proceed with the expectation that others will stop and allow them to do so safely.
In failure-to-yield accidents, the individual with the right-of-way proceeds under the assumption that other road users will stop for them and are then hit by a motorist who disobeys the rules of the road.
How Do Failure-to-Yield Accidents Happen?
Failure-to-yield car accidents occur in a variety of circumstances. They’re most likely to happen in intersections because drivers are typically expected to stop and yield. For example, drivers must stop at stop signs and red lights; when they fail to do so and continue traveling straight into the intersection, they can collide with other drivers, pedestrians, or bicyclists. They also occur when drivers ignore a yield sign and hit someone who has the right of way.
Another situation that often leads to a failure-to-yield car accident is a driver attempting a left turn in front of oncoming traffic. If the driver turning misjudges the time they have to make the turn before oncoming vehicles enter the intersection, they could be hit by approaching vehicles unable to stop in time to avoid a collision.
Some of the most devastating failure-to-yield accidents involve pedestrians. When walking in crosswalks, pedestrians have the right-of-way. However, they are often at risk of being hit by drivers who ignore traffic rules and travel straight through intersections or attempt turns without stopping for pedestrians.
Many factors can contribute to failure-to-yield accidents, most of which are related to the other driver committing an error. Drivers may cause failure-to-yield car accidents by:
- Speeding or driving too fast for road or weather conditions
- Driving while impaired by drugs or alcohol
- Driving while distracted and overlooking a yield sign or traffic light
- Failing to understand the concept of right-of-way or obey traffic rules
- Driving aggressively
- Making unsafe turns or lane changes
Liability in Failure-to-Yield Georgia Car Accidents
Georgia is an “at-fault” state regarding liability in car accidents, which means that according to Georgia law, the driver who causes a failure-to-yield accident will be liable for resulting injuries and losses. An accident victim will typically file a claim against the at-fault driver’s insurance company to recover compensation for medical bills and other crash-related expenses. However, should the other driver lack insurance or have insufficient insurance, an injury victim may need to file a lawsuit to seek total compensation.
A lawyer may use various evidence to prove liability in failure-to-yield accidents, including the following:
- Police accident report
- Photos from the car accident scene of vehicle damage, property damage, skid marks on the road, traffic signs, or road conditions
- Footage from traffic cameras, surveillance cameras, or dashcams that show how the accident happened
- Statements from eyewitnesses who saw the car accident
- Testimony from experts in the fields of accident reconstruction or medicine
- Photos of a victim’s injuries
- Cell phone records
Compensation Available in Georgia Failure-to-Yield Accident Cases
If you were injured in a failure-to-yield accident in Georgia, you may be entitled to seek compensation for your injuries from the other driver. While the compensation can vary depending on the specifics of the car accident case, you could pursue money for the following after a failure-to-yield crash:
- Medical expenses related to treating your injuries, including hospital stays, surgeries, doctor’s visits, diagnostic tests, medications, and mobility equipment
- Physical therapy and rehabilitation
- Lost income if you cannot work while healing from your injuries or must work fewer hours
- Loss of future earning capacity if your injuries result in permanent impairment that prevents you from returning to work or being gainfully employed
- Costs to repair or replace your damaged personal property
- Physical pain and suffering
- Emotional distress and trauma
In Georgia, a failure-to-yield injury victim may recover compensation even if they are partly to blame for an accident as long as a judge or jury finds they are less than 50 percent at fault. Furthermore, a judge or jury may reduce a victim’s compensation in proportion to their share of fault. Thus, if a victim sought $100,000 and was 25 percent to blame, they could receive up to $75,000. An experienced attorney can help you pursue the total and fair compensation you are owed.
Statute of Limitations for a Failure-to-Yield Car Accident Claim
In Georgia, injury victims typically have two years from the failure-to-yield accident date to file a personal injury lawsuit against an at-fault driver. You must consult a failure-to-yield car accident lawyer as soon as possible—while two years may seem like a long time, building a solid case takes time. Initiating the legal process sooner rather than later ensures a timely filing of your suit.
