To receive compensation in a failure-to-yield car accident case, you must prove that the other driver failed to yield the right of way to you, and in doing so, caused the accident.
Unlike other car accident types where the at-fault party can easily be determined based on the orientation of the cars at impact (for example, a rear end collision), failure-to-yield accidents often rely heavily on witness testimony, video evidence, and in rare circumstances, accident reconstruction analysis.
To compound matters, under North Carolina law, if you are found even 1% at fault for the accident, you can be barred from recovering any damages – even if the other driver was 99% at fault.
In North Carolina in particular, it is imperative to hire a failure-to-yield car accident lawyer to prove your case and negotiate on your behalf against insurers who will try to deny you compensation on grounds that you partially contributed to the accident.
This guide provides an in-depth look at failure to yield accidents, including common causes, the legal implications in North Carolina, and how an attorney can help you navigate this challenging process.
Why It’s Urgent to Hire a Lawyer for Failure to Yield Accidents
Failure to yield accidents often involve disputes over who had the right of way, making it challenging to establish liability. In North Carolina, these challenges are compounded by the state’s contributory negligence rule, which bars victims from recovering any compensation if they are found even 1% at fault. This strict standard makes hiring an attorney essential to protecting your interests.
An experienced lawyer can conduct a thorough investigation of your accident, gathering evidence such as traffic camera footage, witness statements, and police reports to build a strong case.
They can also challenge any claims that you were partially at fault, ensuring the focus remains on the other driver’s failure to yield as the primary cause of the accident.
Additionally, attorneys handle negotiations with insurance companies, which often attempt to minimize or deny claims, ensuring you receive the compensation you deserve for your medical bills, lost wages, and other damages.
Compensation for Failure to Yield Accidents
Victims of failure to yield accidents may be entitled to various forms of compensation, depending on the severity of their injuries and other damages.
Economic damages, such as medical expenses, property damage, and lost wages, are often the most straightforward to calculate. Non-economic damages, including pain and suffering or emotional distress, may also be pursued, though these require more subjective evidence.
In cases where the at-fault driver is uninsured or underinsured, you may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage.
An experienced attorney can help identify all potential sources of compensation to ensure your financial recovery is as comprehensive as possible.
The Legal Side of Failure to Yield Accidents
North Carolina’s contributory negligence rule plays a pivotal role in determining the outcome of failure to yield cases. Under this rule, if a victim is found even partially at fault—such as being 1% negligent—they may be barred from recovering compensation entirely.
This strict standard means even minor actions, like speeding slightly or failing to use a turn signal, can jeopardize your claim. Insurance companies are well aware of this rule and may use it to their advantage, often aggressively arguing that the victim shares some fault to avoid paying out compensation.
For example, an insurance adjuster might claim you could have avoided the collision if you had braked sooner or been more attentive, even if the other driver’s failure to yield was the primary cause of the accident. These tactics are designed to reduce the insurer’s liability and minimize or deny your claim altogether.
To counteract this, it’s crucial to prove that the at-fault driver’s failure to yield was the primary and sole cause of the accident. This requires gathering strong evidence, such as traffic camera footage, eyewitness statements, and detailed police reports.
These pieces of evidence can refute attempts to shift blame onto you and bolster your case by showing that you acted responsibly and within the bounds of North Carolina’s right-of-way laws.
What Happens After a Failure to Yield Accident?
Being involved in a failure to yield accident can be a chaotic and stressful experience, but the actions you take immediately afterward are critical. Your first priority should always be ensuring safety.
If you or anyone else involved is injured, call 911 for emergency medical assistance. Moving your vehicle to a safe location, if possible, can prevent further accidents, but do so only if it is safe to move the car.
Once safety is secured, begin documenting the scene. Take photos of the accident, including vehicle damage, road signs, and the surrounding environment.
If there are any witnesses, collect their names and contact information, as their accounts may be crucial for determining fault. Filing a police report is another essential step, as it creates an official record of the incident and can serve as vital evidence for your insurance claim or legal case.
Even if you feel fine immediately after the accident, seek medical attention. Some injuries, such as whiplash or concussions, may not present symptoms right away but can have long-term consequences.
Further, the longer you wait to get treatment, the more ammunition insurance companies have to downplay your injuries. Finally, contact an attorney as soon as possible. Navigating North Carolina’s strict contributory negligence laws without expert legal guidance can jeopardize your ability to recover compensation.
Understanding Failure to Yield in North Carolina
Failure to yield is a critical traffic violation in North Carolina, occurring when a driver fails to give the right of way as required by law. This failure can lead to serious accidents at intersections, pedestrian crosswalks, or during highway merges.
North Carolina law outlines specific circumstances where drivers must yield, including stopping for vehicles already in intersections, yielding to oncoming traffic when making left turns, and giving the right of way to pedestrians at crosswalks.
Drivers merging onto highways must yield to traffic already on the highway, and those exiting highways must ensure they yield to pedestrians or bicyclists on adjacent paths. Yielding is also required for emergency vehicles with flashing lights and sirens, where drivers must pull over to the right-hand side of the road and stop.
The penalties for failing to yield vary based on the severity of the violation. Standard fines range from $35 to $100, with additional court costs. Points are added to a driver’s license for failure-to-yield infractions: three points for failure to yield to vehicles and four points for failure to yield to pedestrians.
Accumulating 12 points within three years can result in a license suspension. Additionally, failure to yield often leads to increased insurance premiums, as it signals risky driving behavior.
More severe consequences arise if the violation causes an accident resulting in injuries or property damage. In such cases, penalties may include higher fines and civil liability for damages.
In North Carolina, failure-to-yield accidents can expose drivers to significant legal and financial risks. The state’s pure contributory negligence rule means that if the injured party is found even slightly at fault, they may be barred from recovering compensation.
This rule often complicates litigation for both parties. Drivers found at fault in these cases may be sued for medical expenses, lost wages, property damage, and pain and suffering. Preventing failure-to-yield violations requires heightened awareness of traffic signals, signs, and right-of-way rules. Drivers should always approach intersections and crosswalks with caution, anticipating that others might not follow the rules.
Defending against a failure-to-yield charge often involves proving compliance with traffic laws or showing that external factors, such as poor signage or sudden actions by other drivers, contributed to the violation.
Consulting with an attorney can help mitigate charges, potentially reducing fines, points, and insurance penalties. Ultimately, understanding and adhering to North Carolina’s failure-to-yield laws is essential for ensuring road safety, avoiding costly penalties, and minimizing liability risks.
Common Scenarios Leading to Failure to Yield Accidents
Failure to yield accidents can occur in various scenarios. At intersections, drivers may run stop signs or red lights, colliding with vehicles that legally have the right of way.
Similarly, when making left turns, drivers may misjudge the speed of oncoming traffic and turn too soon, causing serious side-impact crashes. Merging onto highways is another frequent situation where failure to yield occurs, as drivers entering the highway fail to yield to vehicles already traveling in the lane.
Pedestrian-related failure to yield accidents are also common, often occurring at crosswalks where drivers neglect to stop for individuals legally crossing the road.
In some cases, these accidents may also involve issues with vehicle maintenance, such as faulty brakes or worn tires, which can contribute to a driver’s inability to yield safely.
How Auger and Auger Can Help
At Auger and Auger, we have over 30 years of experience helping victims of failure to yield accidents secure the compensation they deserve. Our team is well-versed in North Carolina’s complex legal landscape, including contributory negligence rules, and we know how to build compelling cases that hold negligent drivers accountable.
We begin by conducting a thorough investigation of your accident, collecting all available evidence to establish liability. Our attorneys handle all communication and negotiation with insurance companies, ensuring your claim is valued fairly.
And with our Zero Fee Guarantee, you can pursue your case without worrying about upfront costs—you pay nothing unless we win.
Contact Auger and Auger Today
Failure to yield accidents can have life-altering consequences, but you don’t have to face them alone. At Auger and Auger, we’re dedicated to helping victims in Charlotte and throughout North Carolina navigate the legal process and secure fair compensation.
Contact us today for a free consultation. Let us guide you through your options and help you move forward with confidence.
