Nashville Failure to Yield Accidents

Under Tennessee law, you must prove another driver acted in a negligent manner in order to recover fair compensation for injuries sustained in a wreck. Under Tennessee law, you must show that the other driver owed you a duty to drive safely, that the other driver breached that duty, that the breach caused the accident to occur, and that you suffered damages as a result of the collision. Failure to yield accidents can be caused by several violations of Tennessee driving laws. Not only are drivers supposed to yield at yield signs, but Tennessee drivers are also required to yield for oncoming traffic if turning left, yield for oncoming traffic if merging onto an interstate or highway, and of course yield for pedestrians. Many failure to yield accidents are caused by actions such as tailgating, speeding, and texting while driving.

Once negligence has been established, you will have to prove that the at-fault party was more at fault for the wreck than not. Otherwise, you may not be able to recover reimbursement for medical bills and lost wages or damages for pain and suffering, among other forms of compensation. Many times, the defendant will try to place some, if not all, of the blame on you in an effort to reduce his or her liability. Tennessee law follows the doctrine of modified comparative fault. This means that when a judge or jury assesses fault for a failure to yield accident, the injured party will have to be 49% or less at fault, or that person may be barred from recovery.

For example, let’s say you are traveling down West End Avenue after a Tennessee Titans football game and a truck pulls out in front of you. Suppose a witness will testify that the truck failed to yield for oncoming traffic, but the truck driver claims that you were speeding and caused the accident to happen. If your case requires litigation and a trial due to disputed fault, the judge or jury will have to allocate a percentage of fault on each driver. If the judge or jury finds you 20% responsible, you will only be able to recover up to 80% of the awarded amount of damages. However, if the judge or jury finds each driver to be 50% at fault, you would not be able to recover damages at all. To fully understand your right to recovery under the law, you should speak with an experienced car wreck attorney in the Nashville area who may be able to represent your interests.