Tupelo Failure to Yield Accidents

Since Mississippi law places the burden of proof on the injured victim when seeking damages for a claim, it is up to them to prove the four elements of negligence: duty, breach, direct and proximate causation, and damages. You, as the injured victim, must prove that the driver owed a duty to you, breached that duty by acting unreasonably, caused the accident that injured you, and lastly, you must prove that the accident caused your injuries. If you were driving straight through the intersection of West Main and Thomas Street while your light was green, for example, and a motorist coming from the opposite direction turned left and crashed into the left side of your car, an experienced car accident attorney could assert that the other driver owed you a duty to wait until a safe time to turn, breached that duty by failing to yield the right of way to you, caused the accident by breaching that duty, and inflicted injuries upon you due to their negligence.

Failure to yield occurs when a driver does not yield the right of way to another in accordance with the law. Another example of this is when a driver is approaching a yield sign at a roundabout and – instead of slowing down or possibly stopping to wait for a safe interval in which to merge – just immediately attempts to merge and collides with another driver. Failure to yield also applies to drivers failing to yield to pedestrians, emergency vehicles, and many situations across the board, but no matter what the variable, the results can always be potentially devastating for everyone involved.

The nature of the accident, amongst other factors, could affect the damages you may be able to recover. For example, if the failure to yield accident resulted in your legs being broken, you could seek compensatory damages to pay for things such as medical bills (both past and future), crutches, wheelchairs, vehicle ramps, and pain medication – not to mention lost wages. You could also seek general damages for non-monetary aspects, including pain and suffering, loss of consortium, and loss of enjoyment of life. For the failure to yield accidents where the driver displayed wanton disregard, you could pursue punitive damages, which are meant to punish the defendant and deter future reckless actions.