When a negligent motorist fails to yield to another driver, bicyclist, motorcyclist, or pedestrian, anyone who is injured in a subsequent accident may be entitled to pursue legal recovery with an auto collision attorney’s help. A Roswell failure to yield car accident lawyer could help you recover the non-economic and economic losses you have incurred as a result of your injuries.
Establishing Liability for a Collision
One of our Roswell attorneys could analyze the facts of a collision to identify which party may bear fault for failing to yield to someone else who had the right of way. Examples of neglecting to yield the right of way include making a left turn in front of oncoming traffic and failing to stop when an ambulance is approaching.
Additionally, a driver who proceeds through a stop sign without checking whether someone else has the right of way or fails to stop to allow a pedestrian to use a crosswalk could be held liable in a civil claim. Motorists who engage in texting while driving, speeding, or driving while under the influence of alcohol or drugs may also be found responsible for a subsequent failure to yield collision.
In order to prove liability in a car accident case, a plaintiff must generally establish their claim under the legal theory of negligence. Licensed drivers are legally obligated to drive with reasonable care to avoid accidents as much as possible and prevent others from being injured. If a driver breaches this duty of care, injures another person, and subsequently causes their damages, the court may find them negligent and order them to reimburse the injured party’s losses.
Shared Fault in Failure to Yield Crashes
According to Official Code of Georgia Annotated §51-12-33, a claimant who bears less than 50 percent responsibility for their own injuries may still be entitled to receive a portion of their damages. Their compensatory award would be reduced according to their assigned percentage of fault.
However, if the plaintiff’s degree of liability is 50 percent or greater, the law bars them from obtaining any financial recovery whatsoever. Fortunately, one of our skilled Roswell attorneys could help an injured person assert that the opposing party failed to yield and is therefore solely responsible for the car accident that took place.
Deadline to Recover Damages
If an injured person wishes to seek compensatory damages after a failure to yield motor vehicle crash in Roswell, they must do so within two years of the accident, according to O.C.G.A. §9-3-33. If someone suffers an untimely passing due to another driver’s failure to yield, the decedent’s surviving family members can pursue a wrongful death case on their behalf. Surviving relatives would have two years from the victim’s death to initiate civil litigation with an attorney’s help.
A failure to yield auto accident victim should reach out to a Roswell lawyer as soon as possible to promote the timely collection of evidence which may otherwise be lost or destroyed over time. If the plaintiff waits and tries to file a case after the filing deadline has expired, it would be at the court’s discretion to refuse to hear their case.
Call a Roswell Failure to Yield Car Accident Attorney Today
Most auto accidents involving a failure to yield can be attributed to the negligence of a single motorist. You do not have to face the financial strain that often results from these types of accident injuries on your own.
If you have been harmed by a negligent driver, you could be entitled to compensation to offset your damages. Reach out to a Roswell failure to yield car accident lawyer today to discuss your case in detail.