Failure to yield technically occurs when a driver does not yield to give the right of way to another vehicle, pedestrian, or cyclist. They are required to do so — by law — and so the ‘failure to yield’ can come with serious repercussions.
When a failure to yield results in an accident, you’ll want to contact an attorney as soon as possible. So, if you’ve been involved in an incident with another driver who failed to yield or were found to have neglected this responsibility yourself, be sure to reach out to our team as soon as possible.
At the CEO Lawyer Personal Injury Law Firm, we can help you file your claim and negotiate with insurance companies to make sure you’re not leaving money on the table. New clients can schedule a free, confidential case evaluation with no obligation today by using this link or calling (404) 777-8800
After an Accident, When Should I Reach Out to an Atlanta Failure to Yield Accident Attorney?
Failure to yield accidents can occur in a wide range of situations, each with its own set of risks.
Common scenarios include intersections, where drivers must yield to vehicles or pedestrians with the right of way. Additionally, merging onto highways, changing lanes, and yielding to emergency vehicles are situations where a split-second failure to yield can lead to serious collisions and injuries.
Injuries can range from minor bruises to life-altering trauma, and property damage can leave you with thousand-dollar bills. Moreover, the legal consequences, such as citations and potential lawsuits, can complicate an already challenging situation.
So, don’t underestimate the significance of early legal counsel in such cases. Contacting a personal injury lawyer in Atlanta today could be all it takes to make or break your claim.
To make things easier, here are a few situations where you should definitely reach out to an attorney as soon as possible:
- Serious Injuries: If you or a loved one has sustained significant injuries, such as broken bones, head trauma, or spinal cord injuries, pursuing fair compensation may quickly become a matter of life or death. These injuries often result in extensive medical bills and long-term care needs, and it will be important to diagnose any underlying issues right from the get-go.
- Fatalities: If the accident has resulted in the tragic loss of life, you should consult an attorney immediately to address the complex legal (and emotional) aspects that come with wrongful death claims.
- Disputed Liability: When there is a dispute over who was at fault for the accident, your attorney may be able to help you gather game-changing evidence, isolate key statements from the right witnesses, and build a strong case to establish liability.
- Complicated Insurance Claims: Dealing with insurance companies can be challenging, especially when they attempt to minimize your compensation. An attorney can negotiate on your behalf to circumvent any intimidation techniques and help ensure you receive fair compensation.
Atlanta’s Failure to Yield Laws
In Atlanta, a series of local laws and regulations aim to help hold those who fail to yield responsible for any harm they may have caused. Chief among these are two sections of the Georgia Code:
- Georgia Code Section 40-6-72: This section requires drivers to stop for a school bus when its visual signals are activated. Failure to yield to a school bus with flashing lights can result in serious consequences, including fines and potential criminal charges.
- Georgia Code Section 40-6-73: This section explains the general rules of yielding the right of way to other drivers. It outlines the scenarios in which a driver must yield to others, including at intersections, uncontrolled intersections, and when entering highways.
In addition, basic traffic signals and yield signs also flag important moments when a driver must be sure to yield to pedestrians, cyclists, and other drivers (as their specific situation requires). For example:
- Traffic Signals: Red, yellow, and green signals at intersections dictate when drivers should stop, proceed with caution, or yield the right of way. Failure to adhere to these signals can lead to accidents — and legal consequences.
- Yield Signs: These triangular signs indicate that the driver must yield to other vehicles or pedestrians. Failing to yield at a yield sign is an obvious case of negligence and can result in particularly serious accidents at entrances to highways or in areas with heavy traffic.
Meanwhile, right-of-way rules can also help determine who has a legal obligation to yield in various traffic situations. These rules govern situations at intersections, where the right of way is often simply determined by who arrived first, as well as pedestrian crossings, where drivers must yield to any pedestrian walking across a crosswalk.
That said, it’s not uncommon to disagree about who had the right of way — but remember — even if the other driver insists they had the right of way, it’s not the final word on liability.
The ultimate determination of fault in a failure-to-yield accident will rely on evidence, local traffic laws, and established right-of-way rules. This is where an experienced failure-to-yield accident attorney can slide right in and help you defend your claim.
With their help, you can gather strong evidence, strong witness statements, and a clear legal explanation that can help support your version of the event.
Determining Fault in Failure to Yield Accidents
Determining fault in your accident will set the foundation for your claim. In Atlanta, Georgia, as in many other places, several factors come into play when establishing fault in a failure to yield an accident.
The first key factor is the right of way. Atlanta follows the right-of-way rules established by Georgia law. Georgia Code Section 40-6-73 stipulates that when multiple vehicles approach an intersection at the same time, the driver on the left must yield the right of way to the driver on the right.
Violating this rule can result in being held at fault for the accident.
So imagine you approach a four-way stop sign at the same time as another driver, but you are on the right while they’re on the left. According to Georgia’s right of way rules, you have the right of way, and if the other driver fails to yield, they may be considered at fault for the collision.
Similarly, another crucial aspect of determining fault is gathering and reviewing evidence. To establish fault, you and your attorney will need to present compelling evidence that the other party failed to yield (“as required by law”).
This evidence can include eyewitness accounts, traffic camera footage, skid marks, and vehicle damage patterns.
Additionally, it’s important to note that the police report can play a significant role in determining fault. If the responding officer issues a citation to the other driver for failure to yield — or any other traffic violation — this can clearly support your claim for liability.
What if Multiple Parties Are to Blame?
By nature, failure to yield accidents often involves multiple parties. And in many situations, instead of one driver taking all the blame, each person will have a varying degree of responsibility.
Georgia follows a system of comparative fault, which means that each party involved in an accident can be assigned a percentage of fault based on their actions leading up to the collision.
For example, imagine a scenario where you approach an intersection with a yield sign, and another driver runs a red light and collides with your vehicle. While the other driver clearly violated a traffic law, the fact that you had a yield sign may mean you have to bear a small percentage of fault since you technically did not show sufficient caution.
Luckily, Georgia’s comparative fault system allows you to seek compensation even if you are partially at fault. However, the percentage of fault assigned to you will reduce your overall recovery.
For example, if your total damages amount to $10,000, but you are found 20% at fault, your compensation will be reduced to $8,000. An experienced attorney can help you negotiate to minimize your assigned fault percentage, which could potentially help maximize your compensation.
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Insurance Implications
Depending on your coverage, your insurance can also play a significant role in your post-accident compensation.
Georgia law requires all drivers to carry liability insurance, which can cover the costs associated with accidents where they are at fault. However, the minimum insurance coverage required may not fully compensate you for your losses.
If the at-fault driver’s insurance is not enough to cover your damages, you may need to turn to your own insurance policy for additional support. This is where your underinsured/uninsured motorist coverage comes into play.
UM/UIM can help bridge the gap between the other driver’s coverage and your actual expenses.
That said, dealing with insurance companies can be complex and, at times, even adversarial. Insurers may try to minimize payouts or dispute liability.
This is where having a skilled attorney on your side can be invaluable. They can negotiate with insurance companies to ensure you receive fair compensation for medical bills, property damage, lost wages, and pain and suffering.
Contact an Atlanta Failure to Yield Accident Law Firm Today
Whether you’ve just experienced an accident or you’re simply struggling to parse the right-of-way rules that led to your situation, don’t hesitate to reach out to our team today.
At the CEO Lawyer Personal Injury Law Firm, we’re here to help you review all the steps in your case and can help you determine whether another party’s negligence led to your car accident. We can also help you fight for the compensation you’re owed while protecting your rights in every conversation to come.
New clients can schedule a free, confidential case evaluation with no obligation today by filling out our online form or calling (404) 777-8800.
