As defined by Memphis law, a failure to yield refers to when a driver was not prepared to stop or did not keep a lookout for the right of way of another vehicle. If you were injured because another driver did not keep a proper lookout for other vehicles or did not give you your right of way, you could be eligible for compensation.
Dedicated personal injury attorney David E. Gordon is ready to help you determine who was at fault for your accident and subsequent injuries. He could also advise you of the best possible action when dealing with the insurance companies. Consider reaching out to a Memphis failure to yield car accident lawyer to begin your case for compensation today.
This type of accident occurs most frequently at traffic lights. When preparing to turn left at a traffic signal, a driver must yield to oncoming vehicles before doing so and wait to turn until it is safe. If they neglect to wait, this could cause a devastating rear-end or head-on collision.
Other instances where failure to yield may cause an accident includes when a driver makes a left turn at an intersection that is not controlled by a traffic light, at four-way stops, and when a person is preparing to turn right onto a street.
Identifying fault in a failure to yield case could be complicated because of disagreements over the speed the vehicles were going at the time of the accident. For example, if a vehicle driver was turning left at a traffic light and believed they had enough time and distance to make the turn, but the oncoming driver was traveling faster than the turning vehicle realized, the two vehicles could crash.
If the oncoming vehicle were traveling at a rate greater than the speed limit, the drivers may share in the fault of the right-of-way crash. The courts may assign them each a percentage of the fault. Local legal counsel could help minimize the claimant’s assignment of fault in a failure to yield car accident case.
Ordinarily, a driver that fails to yield the right of way is legally responsible for the consequences of the crash. However, if the driver who failed to yield could demonstrate that the other driver contributed to the accident, then they could be assigned a portion of the fault.
In many failure to yield situations, witnesses can be a vital part of the evidence to build a case because they could provide context to the accident. Ordinarily, fault is going to be assigned equally in this type of accident unless there is clear evidence that the oncoming driver disregarded the signal.
David could investigate a failure to yield case to see who is at-fault for the collision. The most important evidence in a failure to yield case would come from a video recording or witnesses at the scene. A legal professional would contact that witness and get a recorded statement.
Plaintiffs should not depend on the police to get this information. Many police reports have no witness information, despite the fact that the plaintiff is sure they spoke to a witness at the scene. If there was no exchange of information, the witness could be lost.
The third piece of evidence that is useful is photographs. These would be photographs taken immediately after the accident to show the position of the vehicles on the roadway at the time of the crash.
In Memphis, insurance companies treat failure to yield accidents like they treat most other accidents. The insurance company’s job is primarily two-fold. First, they want to find fault on the other driver. Second, the insurance company wants to pay them as little as possible for their injuries.
These failure to yield accidents are situations in which the insurance company will see whether they can find fault, even if the other driver had the right of way. They will look for speeding, failing to maintain a proper lookout, or driving too fast under the circumstances. A Memphis legal representative could help prove that the failure to keep a lookout was not the fault of the plaintiff because they had the right of way.
If you believe you had the right of way and another driver was negligent in keeping a proper lookout after being involved in a crash, a Memphis failure to yield car accident lawyer could help you reduce your assignment of fault. David E. Gordon is ready to discuss the merits of your case and advise you on how to handle insurance companies. Call today to schedule a free consultation.