Failure to Yield Accidents
There are certain scenarios that require drivers to yield the right of way to other motorists before proceeding. In many instances, however, drivers do not yield for a sufficient amount of time or fail to yield altogether, and their failure to properly yield causes a collision. If you were injured in a failure to yield accident, you may be entitled to damages and should consult an attorney. The experienced Gainesville car accident lawyers at Cook Law Group can assess the circumstances surrounding your accident and advise you about your potential claims and the compensation that you may be able to recover. We have handled numerous lawsuits arising out of failure to yield accidents throughout Georgia.Georgia Laws Regarding Yielding
The Georgia uniform laws of the road set forth several instances in which a driver must yield the right of way to other motorists. For example, the laws establish that a driver turning left must yield the right of way to oncoming traffic. Similarly, the laws provide that when two drivers approach an intersection at the same time, the driver on the left must generally yield the right of way to the driver on the right. Drivers who stop at a stop sign must yield the right of way to any approaching vehicle that is so close that it would be dangerous to proceed into the intersection. Additionally, drivers who approach a yield sign are required to yield to any oncoming traffic. Notably, the uniform traffic laws provide that if a driver is involved in an accident after failing to stop at a yield sign, the accident will be prima facie evidence of the driver’s failure to yield the right of way.Holding a Driver Accountable for a Failure to Yield Accident
In Georgia, most of the lawsuits that arise out of failure to yield accidents will allege that the defendant’s negligence caused the accident. To prove negligence in a failure to yield case, the plaintiff and the plaintiff’s lawyer must show that the defendant had a duty to yield, the defendant breached the duty by either failing to yield altogether or failing to yield for a sufficient amount of time to prevent the accident, and the defendant’s breach of the duty caused the accident. This means that the plaintiff must show that the accident would not have happened if the defendant had not failed to yield as required and that the defendant’s failure to yield was a significant factor that contributed to the accident.
In cases in which there is prima facie evidence that the defendant failed to yield, the plaintiff will have a strong argument in favor of liability. In some instances, however, a defendant may attempt to avoid liability by arguing that the plaintiff’s behavior in some way caused the accident. For example, perhaps the defendant might argue that the plaintiff was speeding. Under Georgia law, though, a plaintiff who is deemed partially at fault for a car crash may still be able to recover a reduced amount of damages, as long as he or she is less than 50 percent at fault.
Damages recoverable may include the cost of any medical treatment that the plaintiff needed for the injuries caused by the accident, or that will be needed in the future, as well as compensation for lost wages and compensation for the pain and suffering that the plaintiff experienced because of the accident. In some cases, experts such as doctors and vocational specialists may play a key role in proving the full scope of the plaintiff’s injuries and damages.Consult a Car Accident Attorney in Gainesville
All drivers have a duty to yield under certain circumstances, but failure to yield accidents are common. Our firm recently set up surveillance at an intersection to document the behavior of drivers to prove that the driver who caused injury had acted unreasonably in failing to yield at an unmarked intersection. That work resulted in a settlement of more than $4.8 million. At Cook Law Group, our Gainesville attorneys are ready to help you hold a careless driver accountable for your injuries. You can contact us through our online form or at 678-928-3899 to set up a meeting to discuss your case. We represent people in cities such as Gainesville, Albany, Columbus, Savannah, Macon, Augusta, Athens, and Valdosta.