Car accidents happen suddenly, and more often than not, they happen when you least expect them. Being involved in a car accident can change not only your life and livelihood but also that of your family. Injuries, both minor and severe, often occur during car accidents.
If you or a loved one has been injured (or worse, someone has been killed) in a “failure to yield” accident in North Carolina or South Carolina and you are seeking legal assistance, the legal team at Tatum Law Firm may be able to help.
Accidents involving drivers who fail to yield are preventable in many cases. A “failure to yield” accident is any accident in which a driver fails to yield to another driver or non-driver (pedestrians and cyclists) who has the right of way on the road.
These types of accidents are most commonly caused by distracted or aggressive driving or speeding and occur when one driver fails to acknowledge that another driver or pedestrian has the right of way, thus causing a collision between the two vehicles or injuring the pedestrian or cyclist. Failure to yield accidents can be especially dangerous because they often occur at intersections and may cause even greater broadside collisions. Depending at the vehicle’s speed, pedestrians often receive the worst injuries because they have no protection against the oncoming vehicle.
A driver must yield to another driver in many circumstances. Some common locations where drivers fail to yield include intersections with multiple stop signs where your car must stop completely and you must determine who has the right of way. Generally, whoever arrives first at the stop sign may go first. If both vehicles arrived at the same time, then the vehicle on the right goes first.
Another common instance where these accidents occur is where a vehicle is making a left turn or where a vehicle makes a right turn on a red light. In the latter situation, drivers must yield to the cars that have a green light, as well as to pedestrians and cyclists.
What you do after an accident can have great consequences on whether you are able to recover for your injuries in North Carolina. When an insurance company interviews you, they are often looking for reasons to deny or reduce the amount you can recover. North Carolina follows the doctrine of contributory negligence, which simply means that if you were at fault, even a small percentage of the blame for the accident, then you may be barred from recovering damages. For example, if a driver failed to yield at an intersection and hits your vehicle as you were speeding through, you may likely be barred from recovery because you were breaking the law by driving above the posted speed limit.
Failure to yield accidents can also be complicated because it may be unclear who is at fault. If you have been a victim of a car accident, you should know that you have legal rights whether you were injured as a driver or as pedestrian/cyclist, if the accident was not your fault. You have the right to recover compensation for your injuries, lost wages, medical bills, property damage, and for any other injuries or costs you incurred.
Attorney Brian Steed Tatum of Tatum Law Firm has many years of experience working with victims of car accidents and will be able to answer all of your questions. We understand the financial and emotional hardships you and your family will incur as a result of an accident. We believe that the individual who has inflicted injury on you or your loved one must pay for the damage he or she has done to you. Please call the Tatum Lam Firm today to schedule a free consultation.