When moving in traffic, one direction of traffic has the right of way against the other and when one vehicle violates that right away and crosses into the path of the other then that constitutes failure to yield the right of way. When aggressive drivers violate this and fail to yield, accidents occur and can have serious repercussions. If you have been in an accident, it is important to contact a Charleston failure to yield accident attorney right away. An experienced accident lawyer can help pursue damages after your accident.
Common situations leading to failure to yield accidents in Charleston, are from someone being in a hurry, aggressive drivers, teenagers trying to squeeze in at a roundabout or a merge area. It is usually aggressive driving that is the most common factor of failure to yield cases.
It is rarely complicated identifying fault in failure to yield cases. The right of way is the legal right to occupy and move through a space on the roadway. Most often, it is quite clear that one vehicle has the right of way and the other vehicle does not. The only possible complications arise when there is a red light or green light dispute and there are no independent witnesses to take one side over the other but beyond that, it is fairly straight forward for a Charleston failure to yield accident attorney to assist with.
Failure to yield in Charleston is the liability that the vehicle who failed to yield the right of way and entered into the part of the roadway where another vehicle had the right to occupy, is liable and that is the analysis. A failure to yield is the analysis upon which liability is based.
Often there are road signs present such as yield signs, but sometimes there are not. It is simply part of South Carolina law and the astute or common motorist should know the laws. For example, when someone is in an intersection and is waiting to take a left, that vehicle has to yield to the right of way to vehicles coming from the opposite way and wait until it is safe and clear before making a left turn.
Insurance companies treat failure to yield cases the same way as Charleston failure to yield accident lawyers and plaintiff lawyers typically do which is to say it is a straight forward analysis. However, they have comparative negligence in South Carolina which means just because a car failed to yield does not necessarily mean that the driver is 100% at fault in causing the accident. For example, the car that had the right of way may have been doing 30 miles per hour over the speed limit. There is some liability there, the car who had the right of way may be driving while intoxicated and that would also impact liability. It is important to work with an attorney who has experience in these cases in Charleston and can help explain how to deal with the insurance companies and with liability.
Working with an Attorney
The first step in analyzing and investigating liability is to interview the client. Next, it is often helpful to interview the investigating officer to see what was said at the scene. Often, there is a recorded statement or other eyewitness documentation. It is also important to contact anyone who saw the accident and ask what they recall seeing. Witnesses are used primarily, but often times in more severe accidents, an accident reconstruction may be called in. An experienced Charleston failure to yield accident attorney is essential in helping investigate a case thoroughly.