Failure to Yield Accidents

A motorist’s failure to yield can lead to car accidents that result in serious injuries and property damage. Knoxville car accident lawyer Mark C. Hartsoe can offer you the legal guidance and representation you need to recover damages from a motorist who failed to yield. With over twenty-five years of experience, Mr. Hartsoe provides his clients comprehensive legal counseling in their car accident cases. Call us today to discuss your options.

Many motorists cause accidents as a result of their failure to yield. A motorist fails to yield when he or she does not give the road to the person who has the right to it, or the right of way. For example, a motorist must yield the right of way to pedestrians at crosswalks and intersections, and must yield to oncoming traffic if he or she is making a left turn.

Unfortunately, some motorists are often too distracted on the road and do not realize they have failed to yield until an accident occurs. Others may resort to aggressive driving, such as speeding or driving while intoxicated, and fail to yield as a result. Motorists and pedestrians need to be particularly careful at intersections, where most failure-to-yield accidents occur, according to the National Highway Traffic Safety Administration.

Failure to yield is a factor in many crashes in Tennessee. According to the Tennessee Department of Transportation, there were 2,140 motor vehicle crashes attributed to failure to yield the right of way in Knox County alone in 2012.

A motorist can be held responsible for any accident caused by their failure to yield. Motorists in Tennessee have a duty of care when they operate their vehicles, and must yield the right of way in certain scenarios. For example, a motorist must make a full stop at a stop sign and wait until the party who has the right of way clears the road before proceeding through the stop sign. This is not limited to other cars or motor vehicles – a motorist must give the right of way to the party who has it, regardless of whether that is another vehicle, pedestrian, bicyclist, or motorcyclist.

If a motorist fails to yield the right of way, he or she can be held accountable for the injuries and damage caused by their reckless driving. In a suit against the motorist, a victim must show that the motorist was negligent by establishing:

• Duty of care – A motorist had a duty to exercise reasonable care under Tennessee law, which includes yielding when required by the rules of the road.
• Breach of duty – The motorist breached this duty by failing to yield.
• Causation – The motorist’s breach caused the victim’s injuries.
• Damages – The victim suffered actual harm, such as physical injuries or property damage.

In some cases, a motorist who has the right of way strikes the one who failed to yield. Under these circumstances, it is important to remember that the motorist who failed to yield is the party that can be held accountable for any injuries or damage.

A failure to yield accident can result in a number of common car accident injuries and property damage. If a careless motorist caused your car accident injuries, you can seek to hold him or her accountable. You can potentially recover for any medical expenses, lost income, loss in earning capacity, or property damage you suffered as a result of the accident. You may potentially file a wrongful death claim against the motorist if your relative succumbed to injuries sustained in an accident.

Knoxville personal injury attorney Mark C. Hartsoe is dedicated to providing his clients with the legal representation and counseling they need to seek compensation for their injuries. He will review your case, discuss your legal options, and represent you in any negotiation or at trial if necessary. Call us at 865-804-1011 or contact us online for a free consultation.