Getting Compensation After a Failure-to-Yield Accident

June 12, 2020

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Many car accidents occur because one driver failed to yield the right of way. Drivers rush from Point A to Point B without paying attention to what is happening around them. Sometimes a failure-to-yield accident will be a minor fender bender, but other times they can be catastrophic, altering the lives of the victims forever. Even a car accident that seems minor can leave a victim with high medical bills.

Few people can afford thousands of dollars in medical care or weeks away from work. That’s why it’s so important to know your legal rights if you get injured in a failure-to-yield accident. An automobile accident lawyer in Columbus, Georgia can help you to get all the compensation you’re due so you can put your life back together.

How Failure-to-Yield Accidents Occur

If a driver or pedestrian has the right of way, other road users should wait as they go through. There are several situations in which this must occur. If a driver fails to yield and it causes an accident, they would be held responsible for the resulting injuries and property damage. Some drivers may not know the right-of-way laws while others make mistakes even though they know better. Many traffic violations are also due to negligent conduct. Failure-to-yield crashes can occur when motorists are:

  • Driving while intoxicated
  • Changing lanes in an unsafe manner
  • Making improper left-hand turns
  • Merging onto a highway
  • Pulling out onto a roadway from a driveway or parking lot
  • Speeding
  • Failing to yield to emergency vehicles

Injuries That Could Result from a Failure-to-Yield Accident

When one driver fails to yield the right-of-way, the other usually has very little time to react. When they realize what is happening, they may brake suddenly or swerve into another lane to avoid the negligent driver. Whether the driver crashes by overcorrecting or they get struck by the errant driver, a wide variety of injuries can result.

Common injuries include:

  • Sprains
  • Neck injuries
  • Bone fractures
  • Head injuries
  • Cognitive impairment
  • Lacerations
  • Spinal cord damage
  • Disfigurement

The overall impact of your injuries will depend on how much force was involved and which parts of your body were affected. You’ll need to see a doctor immediately after the crash to ensure you get a professional diagnosis and the necessary treatment. Seeing a doctor also ensures you have evidence to support your claim for compensation. Your Georgia car accident attorney will help you to gather all the supporting documentation you need.

Establishing Liability in Georgia

Georgia practices a comparative negligence system. Even though drivers can be held responsible for the damage they cause, they can also try to deny some of their liability. That is, they can say the plaintiff had some role to play in the crash. This reduces the amount of compensation they would have to pay out. Typically, it’s the defendant’s insurance company that seeks to shift some of the blame off their client. With failure-to-yield accidents, it’s usually quite easy to show that the negligent driver didn’t exercise due care. If they broke the law, you’ll have additional support for your claim.

You won’t have to prove intent on the part of the driver. You simply have to show that they violated their duty of care to other road users and that this caused your injuries. when a driver fails to yield, they put both themselves another road users in danger of injury or death.

At-fault drivers can be held liable for:

  • Medical expenses
  • Property damage
  • Lost income
  • Future medical care
  • Occupational therapy
  • Pain and suffering
  • Diminished quality of life

However, recovering damages isn’t always easy.

How to Get Compensation for Your Injury

If you suffer injuries in a failure-to-yield accident, you should contact a lawyer as soon as possible. This will ensure you take the right steps from the start and protect your right to claim damages. You may think the other’s driver insurance company will pay the full amount you ask for, but this is unlikely. Even if it’s clear that their client is at fault, they will still try to limit the amount they have to approve. The first offer they make is likely to very low. However, the insurance adjuster may attempt to convince you that it’s fair. Instead of accepting the initial offer or signing release forms, ask an attorney to review your case. they will quantify your losses and negotiate with the insurer on your behalf while you focus on your recovery.

Contact Joe Durham Jr. P.C. Today to Discuss Your Failure-to-Yield Accident

If you were involved in a failure-to-yield accident, call our Columbus, Georgia personal injury attorneys for help. We’ll look in to the situation and provide you with expert advice. Call us to schedule a free consultation today.