Failure to Yield
Failure to yield the right-of-way results in an inordinately high number of injuries and fatalities on Atlanta roadways — perhaps unsurprisingly. According to a report conducted by the Insurance Institute for Highway Safety (IIHS), failure to yield the right-of-way was the third-highest contributing factor (owing to driver negligence) for fatal motor vehicle crashes in 2015, accounting for 3,453 deaths, or 7.1 percent of the total.
The failure to yield right-of-way stems, in some cases, from mere ignorance of the right-of-way rules at the time of the accident, and in some cases from a more reckless or intentional mindset in which the driver assumes that by failing to yield, others on the roadway (i.e., drivers, motorcyclists, pedestrians, etc.) will be forced to give up their right-of-way in the interest of their own safety. Whatever the case, the failure to yield — except in emergency situations where such failure was unavoidable — will generally expose the driver to civil liability for any injuries that result.
If you have been injured due to an accident that was caused by another motorist’s failure to yield the right-of-way, Georgia law may entitle you to damages as compensation for your various injuries. Attorney James Ponton is an experienced litigator with a long track record of success in motor vehicle accident lawsuits. Call (404) 418-8507 to schedule a free consultation with Atlanta car accident attorney James Ponton today.
Negligence and the Right-of-Way
In Georgia, as in other states, failure to yield the right-of-way is negligence. Statutory law defines the right-of-way in a variety of situations. For example, in section 40-6-73 of the Georgia Code, a driver entering or crossing a roadway (from a non-roadway) must yield the right of way to all other vehicles approaching the roadway.
Whether negligence is linked to your injuries is another issue entirely, however. To succeed in recovering damages, you will have to show that the defendant not only failed to yield the right-of-way, but also that this failure was a proximate cause of your injuries. The defendant is likely to assert that you could have avoided a collision. You will therefore have to introduce evidence demonstrating that a reasonably prudent driver would not have been able to avoid a collision given the circumstances.
Speak With an Atlanta Car Accident Attorney Today
Car accident lawsuits brought on the basis of a “failure to yield” may seem straightforward at first glance, but can become rather complicated depending on the circumstances. In some cases, the defendant may assert that their failure to yield did not actually cause your injuries, or alternatively, that — even if they failed to yield the right-of-way — you contributed to your own injuries significantly. As such, it’s important that you speak with a skilled car accident attorney who has years of experience navigating “failure to yield” issues in litigation.
Attorney James Ponton of Ponton Law has represented clients in car accident litigation in Atlanta and throughout the state of Georgia for nearly a decade. Prior to representing clients on the plaintiff-side, Attorney James Ponton served as insurance defense counsel. Given his experience on both sides, he is well-positioned to help you navigate the strategies commonly employed by defense counsel in car accident litigation.
Injured in a car accident caused by the defendant-driver’s failure to yield? Speak with an experienced Atlanta car accident attorney here at Ponton Law — call (404) 418-8507. Initial consultation is free.