Failure to Yield Accidents
All drivers are supposed to be alert to situations and signals that necessitate slowing or deferring to another driver. When a driver fails to yield the right of way, the result may be serious injuries to the driver who had the right of way. These injuries may include broken bones, fractures, head trauma and concussions, spinal cord injuries, permanent scarring, and more. If you have been hurt in a failure to yield accident caused by someone else, you may be entitled to bring a lawsuit for compensation for your injuries and losses. The Memphis car accident attorneys at Nahon, Saharovich & Trotz can evaluate whether you have a case and may be able to represent you. We have more than 30 attorneys with excellent credentials and over 100 staff members, which makes us the largest personal injury law firm based in Tennessee. Our firm serves clients throughout the state, as well as in Arkansas, Kentucky, Mississippi, and Missouri.Seeking Compensation for a Failure to Yield Accident
Failure to yield accidents may happen in many different ways. Sometimes a driver fails to obey an express "yield" sign and crashes into another driver. In other cases, however, the right of way is governed by law.
For example, in Tennessee, if there is a vehicle already in an intersection, you are supposed to yield to it. If you are turning left, you are supposed to yield to oncoming traffic as well as traffic turning right in front of you. If you are coming onto a main road from a driveway or parking lot, you are supposed to yield the right of way to cars and other vehicles that are already on the road. At a four-way intersection, whichever vehicle arrived first is supposed to have the right of way, and if two arrive in the intersection at once, the vehicle on the right is supposed to have the right of way.
A driver's failure to yield the right of way as appropriate may be considered negligent. In bringing a case to trial, we will need to show that another driver's failure to yield was the legal cause of the victim’s injuries and damages. If a failure to yield was a violation of a safety statute or ordinance, we may be able to establish negligence per se, which means negligence as a matter of law. This can create a presumption of negligence in the plaintiff's favor if a driver's violation of a safety law was the cause of injuries of the type that the law was designed to prevent. The presumption may shift the focus from liability to damages.
However, in many cases, a defendant can challenge the plaintiff's case by claiming that the plaintiff did not have the right of way or that the plaintiff's own fault caused the accident and their injuries. Each state has its own rules regarding comparative fault. Tennessee follows a rule of modified comparative negligence, in which a plaintiff found to be 50% or more at fault will be barred from recovering damages. You should not discuss the accident with an at-fault driver's insurer without first contacting an attorney because the insurer is likely to try to exploit what you say to argue that the accident was partially or fully your fault. Our firm may retain an accident reconstruction expert if appropriate to establish that the defendant's failure to yield caused the victim’s injuries.Retain a Skillful Memphis Attorney Following a Car Accident
If you are injured in a failure to yield accident due to someone else's negligence, you should contact the Memphis car accident lawyers at Nahon, Saharovich & Trotz. We represent individuals and families across Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-LAW-4004 or by completing our online form to arrange a free consultation with a motor vehicle collision attorney. We look forward to discussing with you why NST is the way to go.