Failure to yield accident claims are among the most difficult cases to gain compensation from. Even if you feel that you are undoubtedly entitled to compensation, the defense could utilize different strategies to deny or minimize their level of fault. As a result, you need all the help you can get when trying to recoup compensation for damages.
If you would like to file an injury claim following a failure to yield accident, get in touch with an experienced attorney today. A North Charleston failure to yield accident lawyer could take the time to learn more about your case and help you build a successful case for monetary damages. To learn more about how to get started with your case, schedule a consultation today.
What is the Right of Way?
When a driver has a right of way, they are entitled to proceed forward when it is safe to do so. The right of way often comes into discussion in failure to yield accidents since it normally comes into play at intersections where a driver is trying to make a right or left turn, highway exits, and stop signs. If a driver has the right of way, the other drivers are to wait until they proceed forward. At a four-way stop sign intersection, the right of way is established based on who arrived first at the intersection. In areas where the driver would be making a turn, they only have the right of way when they are first in line to make a turn and only when it is safe to do so.
Why is it Complicated to Prove Fault in Failure to Yield Cases?
Proving fault in failure to yield cases could prove to be difficult in some cases. For example, at a four-way stop sign intersection, the right of way is established by who arrived first. If there two or more drivers claiming to have arrived first, the victim of the accident would find it difficult to prove liability without the help of video footage or witnesses. The same can also be said in instances where a driver is making a turn at a light. If they made the turn while the light was turning from green to yellow to red, and a car hits them in the process, proving fault would be difficult since an argument could be made that both drivers had the right of way, or that the victim had proceeded forward when it was not safe to do so. Most of these conflicts are typically matters of he-said/she-said, which is why it is important to have a North Charleston attorney experienced in failure to yield accidents on your side.
How Do Insurance Companies Treat Failure to Yield Accidents?
When dealing with the insurance company, it is important to keep in mind that their main interest is to provide as little payout as possible for the accident. It would not be unheard of for an insurance company to try to get in touch with the victim to see if they could get them to say anything that would devalue their claim. However, insurance companies make their decisions based on the core facts of the case, and if they believe they have no choice but to provide compensation, they would do so through a settlement in order to potentially pay a lower offer than what the victim is entitled to and to avoid the troubles of preparing for trial.
Benefits of Working with a North Charleston Failure to Yield Accident Attorney
One of the main benefits of getting in touch with a North Charleston failure to yield accident lawyer is that you would be working with someone who understands the difficult of litigating these types of cases and the arguments the defense tends to counter with during any settlement negotiations and/or trial proceedings. This is an advantage that is vital to have considering the likelihood of the defense being unwilling to accept responsibility for the payment of damages.
To begin leveraging the experience of our skilled attorneys, reach out today and schedule a consultation.