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Home Car Accidents Failure-to-Yield Car Accident

failure to yieldA 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.

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.

Determining Liability in Failure to Yield Accidents

A failure to yield accident attorney with Younce, Vtipil, Baznik & Banks, P.A., can help you demonstrate that you were injured in a car accident because the other driver failed to yield. If the other driver was ticketed for failure to yield and convicted, that will help if you need to pursue a failure-to-yield accident lawsuit to pursue compensation for your medical expenses, lost wages, and other accident-related losses.

Our law firm has a strong record of pursuing fair compensation for our clients in and out of the courtroom. Our attorneys understand the challenges accident victims face and how to overcome them by:

  • Conducting a detailed investigation of the auto accident to establish what happened
  • Gathering the evidence to demonstrate liability, including the police report from the accident
  • Calculating the compensation you are due, including medical records and providers’ bills, work absence records, and other bills and receipts
  • Presenting evidence of liability to the insurance company and our demands for full compensation to you
  • Negotiating aggressively for a proper settlement
  • Taking the at-fault party to court if their insurance company refuses to agree to an appropriate settlement.

North Carolina is one of a handful of U.S. states that follows a doctrine of “pure contributory negligence” in personal injury claims. If you are found to be even 1% responsible for your injuries, you are ineligible to recover compensation from the party with primary responsibility for what has happened to you. These rigid standards make it crucial to work with an experienced failure-to-yield accident lawyer who will fight any unfair allegations of fault against you.

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:

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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.

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 919-661-9000 to get free legal advice today.

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