Atlanta Failure to Yield Accident Lawyer

Understanding Failure to Yield Accidents in Atlanta

In a congested city such as Atlanta, drivers who fail to yield to the right of way stands a significant factor that contributes to traffic accidents. The frequency of these accidents underscores the critical need for drivers to understand the rules of right-of-way and the potential harm that could be done if not followed. The consequences of such negligence can be far-reaching, and they can impact not only individuals directly, but also they could affect the overall safety and efficiency of Atlanta’s roadways.

If you find yourself the victim of a traffic accident that was caused by a driver who failed to yield, it is best to find an experienced attorney who will take you through the legal process step by step to get you the most out of your compensation. That is why you should call the Merritt & Merritt Law Firm at 404-975-1775 to get a free consultation and discuss your case.

How an Atlanta Failure to Yield Accident Lawyer Can Help

When a driver causes an accident due to them negligently failing to yield, you may be overwhelmed by the complexities of dealing with insurance companies and the legal process in Georgia. Hiring an experienced Atlanta failure to yield accident lawyer at Merritt & Merritt Law Firm to be an advocate dedicated to protecting your rights is crucial to getting your compensation. Our legal professionals possess the expertise to guide our clients through every stage of the claim process, including assisting with gathering evidence, determining fault, and negotiating on your behalf.

Should negotiations be unsuccessful, our attorneys are prepared to file a lawsuit and represent your interests in court. The compensation you can expect to recover may include medical expenses, lost wages, pain and suffering, and even property damage. At Merritt & Merritt Law Firm, we recognize the financial strain that personal injury accidents may cause, which is why we offer a free consultation to discuss your options when you call us at 404-975-1775.

The Role of Traffic Laws in Failure to Yield Accidents

The state of Georgia relies on the “right of way” concept to dictate who is entitled to proceed first when traffic is present. Knowing and adhering to these rules is paramount for all users of the road, including motor vehicle drivers, pedestrians, and cyclists. Georgia law outlines several specific statutes that detail when a driver must yield to the right of way to another in various instances. By adhering to these laws and paying attention to yield signs and signals, drivers can reduce the risk of accidents.

Understanding Georgia’s Traffic Laws for Failure to Yield

Intersections are often the site of failure to yield accidents due to the convergence of multiple traffic flows and the need for drivers to correctly interpret the right-of-way rules. There are two types of intersections that failure to yield accidents can happen at, controlled and uncontrolled intersections.

Controlled intersections are those that are equipped with traffic lights, stop signs, or have established protocols for yielding. Even though these intersections have a higher level of visibility, there is still the obligation to yield, especially for pedestrians or when there is a malfunction with the traffic lights.

An uncontrolled intersection does not have any traffic signals or stop signs. At these intersections, drivers rely on the state driving laws to determine the right of way. In the absence of specific traffic control measures, drivers approaching unmarked intersections must be particularly cautious and exercise sound judgment in order to try and avoid collisions. These intersections require a heightened level of awareness, and if a driver is even slightly distracted they may cause an accident by failing to adhere to these rules.

How Failure to Yield Impacts Intersections and Pedestrian Crossings

In Georgia, drivers are legally obligated to stop and remain stopped to allow any pedestrians to cross the roadway within a crosswalk, whether it is marked with painted lines, or unmarked at an intersection. If there is a car stopped to allow a pedestrian to cross the road, and another car is approaching, the approaching vehicle must also stop to allow the pedestrian to cross the road as well. The one exception to this law is if the pedestrian tries to cross in the path of a vehicle that is so close they cannot stop in time.

Georgia drivers also must have a general duty of care when they are operating a vehicle on the road. Drivers must exercise due care when driving to avoid colliding with any pedestrian, and must also yield to the right of way to pedestrians who are blind that are carrying a walking cane or who are accompanied by a guide dog.

While pedestrians do have broad protections against motor vehicle drivers in the state of Georgia, they also are responsible for yielding to vehicles if they are crossing anywhere outside of a crosswalk.

Common Defenses Used in Failure to Yield Accident Cases

While a driver who fails to yield suggests that they are the ones at fault in the accident, there are various legal strategies and arguments that can be used in the defense of the driver.

Challenging the Allegation of Failure to Yield

One common approach is challenging the allegation against the driver that they failed to yield itself. An example of this would be arguing that the party who caused the accident did have the right of way or that they did heed the right of way correctly.

How we combat this defense: Our team investigations whether the defendant truly had the right of way.

Claiming Adverse Weather Conditions

Another defense may be that adverse weather contributed to the incident, or that someone else was the driver who did not yield and caused the accident.

How we combat this defense: We examine whether conditions on that day and look at footage from nearby buildings to confirm.

Disputing Causation

A person might also present evidence to try and prove that the failure to yield was not the direct cause of the accident, and that the injuries you suffered were caused by something else.

How we combat this defense: We collect and present compelling evidence that shows the failure to yield was indeed the primary factor that led to the injuries. We can work with reconstructionists and medical exports to determine the direct link.

Comparative Negligence

The comparative negligence rule in Georgia says that in order to recover damages from an accident, the injured party must show that they were less than 50% at fault for the accident. In a failure to yield case, the defense may argue that the injured party was also negligent in some way, either by speeding, or distracted driving, and thus failed to take reasonable steps to stop the accident. If those arguments are successful, the injured party may be found to be significantly at fault, and if damages are awarded, they will be reduced by the percentage they are found at fault.

How we combat this defense: We will work with accident experts to minimize any contributory fault attributed to our client in order to demonstrate that the defendant’s failure to yield was the primary cause of the accident.

Emergency Situation Defense

Another defense that may be used is that the driver at fault was in an emergency situation, and therefore could not yield appropriately.

How we combat this defense: We will scrutinize whether the emergency was truly unavoidable or created by the defendant’s own actions and present evidence showing that the defendant had other options and could have reasonably avoided the accident.

Apportionment of Fault

They may argue the concept of apportionment, or that there was another non-party driver that was the one responsible, and not the driver being accused.

How we combat this defense: We will work to prove that the defendant’s actions were still the primary cause of the accident, using evidence such as witness testimony, traffic camera footage, and forensic analysis to establish fault.

The availability and effectiveness of any defense strategy is highly dependent on the specific faces and evidence that is presented in each individual case, which is why it is important to have highly experienced attorneys from Merritt & Merritt Law Firm by your side to determine the best way to get your compensation.

How Distractions Contribute to Failure to Yield Accidents in Atlanta

Distracted driving has become a growing problem and a large factor contributing to traffic accidents, including drivers who fail to yield in Georgia. Statistical data shows that more than half of all traffic accidents in Georgia involved at least some form of distracted driving. In Atlanta alone, over 20% of drivers were observed to be engaged in some sort of distracted driving, such as talking on the phone, eating while driving, or texting.

Talking on the phone while driving quadruples the risk of an accident happening. Because of this, Georgia implemented the Hands-Free Act on July 1, 2018 to try and lower the amount of distracted driving incidents due to cell phone usage. When drivers are distracted in any way, they are less likely to notice and appropriately react to yield to other vehicles, pedestrians, or cyclists.

Contact an Experienced Atlanta Failure to Yield Accident Lawyer for Legal Help

If you experience an accident that was caused by a driver who failed to yield, it is important to seek the guidance of an experienced personal injury attorney who understands your legal rights and options. An Atlanta failure to yield accident lawyer can provide invaluable assistance in navigating the complexities of dealing with the insurance companies, negotiating on your behalf, and who can fight for your rights to get you the compensation you deserve.

It is important to be aware of the statute of limitations in the state of Georgia for a personal injury lawsuit, which is two years following the date of the accident. Failing to take action during this time frame may result in forfeiture of any possible compensation you may need. At Merritt & Merritt Law Firm, our attorneys are here to fight for your rights and help you through every step of the legal process. Call us at 404-975-1775 or contact us online today for your free consultation to discuss your case and go over your options to get your compensation.