A driver’s failure to yield is one of the most common causes of car accidents in North Carolina. Police cited drivers with failure-to-yield in more than 42,000 accidents in 2022, including more than 14,800 injury crashes and 157 fatalities.

If a driver causes a failure-to-yield accident, the at-fault driver may be charged with a traffic offense. If you were injured in a failure-to-yield accident, then you need to retain a failure-to-yield car accident lawyer to help you seek compensation for your medical bills and other losses.

The experienced car accident attorneys at Younce, Vtipil, Baznik & Banks, P.A., in Raleigh, NC, are ready to help you pursue just compensation after a failure-to-yield accident. Contact a failure-to-yield lawyer today at 919-874-1830 for a free legal consultation.

Why Choose Younce, Vtipil, Baznik & Banks After a Failure-to-Yield Accident?

An accident caused by another driver’s failure to yield the right of way can result in devastating injuries. You might be facing an ever-growing pile of medical expenses and an insurance company that is quick to shift blame. If this is the case for you, you need a failure-to-yield attorney who will stand up for you from the very first phone call.

Younce, Vtipil, Baznik & Banks has more than 100 years of combined experience representing North Carolina drivers, passengers, and pedestrians hurt by another motorist’s carelessness. Our skilled legal representation has resulted in over $150 million recovered for our clients, including a $1.6 million settlement for a motorcycle accident victim.*

Here is what sets our firm apart when you choose us for your car accident case:

  • Personal attention – You will talk with a licensed North Carolina attorney from your very first call, not just an intake worker.
  • One legal team throughout – The personal injury lawyer who starts your case will usually stay with you through settlement negotiations or trial.
  • Financial strength – We have the resources to stand up to large insurance companies without folding under pressure.
  • Bilingual staff – Our English- and Spanish-speaking team members can answer your questions in the language you prefer.
  • Proven track record – Many of our new clients come to us because a past client trusted us enough to refer their family or friends to our firm.

Here is what one client had to say about working with our team:

“This was my first time using an attorney for an accident. I’m glad I chose Attorney David Vtipil to represent me. Along with his secretary Carmella, and the rest of Younce, Vtipil, Baznik & Banks, P.A. They made the process clear, and workless. They kept me informed through the case and, were very professional. Thank you all so much!” – Wanda Phillips

To learn more, reach out for your free legal consultation.

How Our Failure-to-Yield Accident Lawyers Can Help with Your Claim

When you hire a failure-to-yield accident lawyer from our firm, we take over the legal work so you can focus on your recovery. Our process typically includes:

  • Investigating the crash – We may review the police report, examine the accident scene, and identify every party who may share fault.
  • Gathering evidence – Our team may collect eyewitness statements, traffic camera footage, and other proof to demonstrate what happened.
  • Estimating your losses – Your medical bills, lost wages, and documentation of other losses can establish the compensation you are owed under North Carolina law.
  • Handling communication with insurers – We will present your claim to the insurance company and demand full and fair compensation on your behalf.
  • Negotiating your settlement – Our experienced attorneys can fight for compensation that reflects the true cost of what you have been through.
  • Filing a lawsuit when necessary – If the insurance company refuses to offer a fair settlement, we can take your case to court when it’s in your best interest.

We also use a state-of-the-art case tracking system so our team can stay on top of every detail of your claim, from medical records to insurance deadlines. We’ll keep you updated at every stage so you always know where things stand – you will never have to wonder whether your case is moving forward.

*Each case is unique, and past results do not guarantee future outcomes.

What to Do After a Failure to Yield Car Accident

Protect your rights after you have been injured in a failure-to-yield car accident by:

  • Calling police. The police report is the first official documentation of what happened. If there’s immediate evidence that a driver’s failure to yield the right of way contributed to the accident, the report will say police issued a ticket. Get a copy of the police report as soon as possible.
  • Getting medical care. In addition to ensuring you get the care you need, a doctor’s exam documents the injuries you sustained in the auto accident. If you have suffered injuries, be sure to follow all doctors’ orders for medical treatment and follow-up care.
  • Documenting the accident. If you can, get photos of the accident – the vehicles, their damage, your injuries, other people involved, the accident scene, a yield sign, etc. Save anything connected to the accident in the days and weeks ahead – bills, receipts, correspondence, reports, etc. Keep a journal (written or audio/video) of your medical recovery, including progress and setbacks.
  • Being careful with insurance companies. Don’t downplay your injuries or suggest that you were in any way at fault for your injuries when speaking to insurers. You are required to notify your own insurance company of an accident. But you should consult with a lawyer before speaking with the insurer representing the at-fault driver. Even better, engage a lawyer to handle your claim and then refer all inquiries to your attorney.
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What Is the Right of Way and Failure to Yield?

Traffic law defines having the right of way as having the right to proceed ahead of others. In many situations, a motorist is required to yield the right of way to another motorist.

North Carolina’s general right-of-way law requires that:

  • When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
  • The driver intending to turn left at an intersection shall yield the right of way to any vehicle approaching from the opposite direction.
  • A driver shall yield the right of way to a pedestrian crossing a highway within any clearly marked crosswalk or any regular pedestrian crossing.
  • The driver of any vehicle approaching but not having entered a traffic circle shall yield the right of way to a vehicle already in the traffic circle.

Other statutes address yielding right of way to:

  • Approaching emergency vehicles
  • Trains
  • Traffic and pedestrians when making a right turn on a red light
  • At a highway construction or maintenance area
  • All traffic at a yield sign

A driver’s failure to yield the right of way when required to do so is a traffic offense punishable by a fine and points assessed against a North Carolina driver’s license. When a failure-to-yield offense leads to serious bodily injury, North Carolina law says that the individual found at fault may be punished by 90 days in jail and a $500 fine.

How Contributory Negligence Affects Failure-to-Yield Claims

North Carolina follows a strict rule called pure contributory negligence. This means that if you are found to be negligent, and your negligence in any way is responsible for causing the crash, you may lose your right to recover compensation, even if the other driver was mostly at fault (North Carolina Pattern Jury Instruction, Motor Vehicle Volume 104.10). This makes it critical to have a failure-to-yield accident attorney who will not let the insurance company unfairly place blame on you.

Insurance adjusters often look for any small mistake you may have made, like going a bit over the speed limit or braking a fraction of a second too late, to try to avoid paying your claim. You can help protect your case after a crash by avoiding statements that suggest you share any blame – even in casual conversation with an insurance adjuster. Simple comments like saying you did not see the other car or that you were in a hurry can later be used against you. It is best to stick to the facts, seek medical care right away, and let your attorney handle all communication with insurers.

When you bring a failure-to-yield car accident claim to our firm, we can gather evidence early and push back against any attempts to blame you for the crash.

Determining Liability in Failure-to-Yield Accidents

Establishing liability in these cases typically involves showing who failed to follow NC right-of-way laws.

To determine who failed to yield, our experienced car accident attorneys often review:

  • The police citation – If the other driver pleads guilty or is convicted of failing to yield, that conviction/guilty plea can serve as strong evidence in your case.
  • Vehicle damage patterns – The location and severity of damage to each vehicle sometimes indicate which driver had the right of way.
  • Pictures of the accident scene – Photos showing road conditions, traffic signs and signals, lane markings, skid marks, and collision debris can all be crucial proof.
  • Traffic camera and dash cam footage – Video evidence can capture the exact moment a driver failed to stop or yield.
  • Witness statements – People who saw the crash can help confirm which driver had the right of way at the time.
  • Accident reconstruction expert testimony – Some cases require the help of an expert to paint a picture of what truly happened.

Types and Causes of Failure-to-Yield Accidents

Failure-to-yield accidents are collisions that occur because a driver expects other drivers to yield. When a driver fails to yield as required and proceeds into an intersection, other motorists who have the right of way may be unable to avoid a collision.

Failure-to-yield accidents often occur at intersections or as the at-fault driver attempts to make a left turn. This results in a right-angle or “T-bone” collision, in which the front of one vehicle runs headlong into the side of another.

Many pedestrian accidents are caused by failure to yield. Motorcycle accidents and bicycle accidents sometimes happen because a driver does not see these smaller vehicles and fails to yield the right of way.

A driver may also fail to yield the right of way due to:

Contact Our Car Accident Lawyers in Raleigh

You have rights if you were injured in an accident caused by someone who failed to yield the right of way. Our law firm offers a free consultation to review your potential failure-to-yield case. A car accident attorney with Younce, Vtipil, Baznik & Banks, P.A., in Raleigh, N.C., can review the facts and explain your legal options.

Attorney David E. Vtipil, who concentrates his practice on auto accident cases, is an active member of the North Carolina Bar Association, the Wake County Bar Association, and the North Carolina Advocates for Justice. He has received a “high to very high” rating for legal ability and a “very high” rating for ethical standards from the esteemed legal publisher Martindale-Hubbell.

Here’s what one of our clients shared about their experience with us:

David is very knowledgeable and always responds in a timely manner. Would highly recommend. – Brandon

If we can pursue a claim for you, we will act as your advocate before insurers to demand the compensation you are due. Fill out our simple online contact form or give us a call at 919-874-1830 to get free legal advice today.