Failure to Yield Accidents
Drivers are expected to follow the rules of the road, obey traffic signals, and act in a way that keeps the roads safe for everyone. When a motorist fails to yield the right of way to someone else, serious collisions and devastating injuries can result. The Nashville car accident lawyers at Martin Heller Potempa & Sheppard, PLLC help victims pursue the appropriate legal action in order to hold a careless driver accountable. Our firm is dedicated to making sure that victims receive the compensation that they are entitled to obtain, gathering and presenting vital evidence such as witness accounts, police reports, and accident reconstruction evidence. If you have been involved in a failure to yield accident, contact our office today to explore your legal rights and options.Failure to Yield Accidents in Tennessee
The Tennessee Department of Safety and Homeland Security reported that in 2013, over 25,000 motor vehicle accidents were caused by a driver who failed to yield the right of way to another person. The right of way refers to the person who has legal control of an intersection or another roadway. Failing to yield the right of way is the second-most common contributing factor to collisions across the state, only behind vehicles that follow others too closely.
Under Tennessee law, a vehicle approaching an intersection must yield to vehicles already in the intersection. Additionally, drivers turning left at an intersection must yield to oncoming traffic, as well as motorists turning right. Any motorist entering a main road from a driveway or parking lot must yield the right of way to other motorists already on the main roadway. Vehicles that arrive first to a four-way stop have the right of way, and when more than one vehicle arrives at the same time, the rightmost vehicle has the right of way. When drivers fail to follow these laws, serious injuries to motorists, pedestrians, and bicyclists can occur.Responsibility for Injuries Caused by a Failure to Yield
Failing to yield the right of way usually indicates negligence on the part of that driver, even if they did not know the specific law. Victims injured by a negligent driver can pursue damages by filing a personal injury claim. Negligence is present when a defendant breaches their duty to act reasonably, given the circumstances at hand. That breach must also be a proximate cause of a victim’s injuries, and damages must have been incurred as a result. When a driver turns left at an intersection, striking an oncoming vehicle, that driver’s actions may be viewed as negligent. If negligence is proven, victims can recover damages in the forms of past and future medical expenses, lost income, diminished earning capacity, and property damage, as well as pain and suffering. In Tennessee, the time to file a personal injury claim is limited, since victims only have one year from the date of their injury in which to do so.
Unfortunately, different individuals involved in a failure to yield accident may have different accounts of what happened, either by mistakenly believing that they were in the right or by trying to cover up events to avoid liability. Failure to yield accidents are particularly susceptible to such conflicts, since it can be hard to show who may have approached a stop sign first or what color a traffic light was at the time of the impact. Having a dedicated attorney who can assist you in the aftermath of a failure to yield accident is important in preserving your legal rights.Contact an Experienced Injury Attorney in the Nashville Area
If you have been injured in a crash caused by a driver’s failure to yield the right of way, or if you have lost a loved one in a tragically fatal collision, the Nashville lawyers at Martin Heller Potempa & Sheppard, PLLC can assist you with seeking justice, as well as the financial assistance necessary to help you cope with your injuries or loss. Our firm offers knowledgeable and compassionate legal representation to Tennessee residents across Davidson and Williamson Counties, including in Franklin, Hermitage, Brentwood, East Nashville, and Cool Springs. You can contact us online or call us at 615-800-7096 to discuss your potential case and find out how our motor vehicle collision lawyers can help.