Failure to yield to traffic can cause many accidents on South Carolina’s roadways – simply because someone failed to follow the rules. Such accidents can result in serious injuries such as brain damage, broken bones, spinal cord injuries, and even death.
Failure-to-yield injuries can require treatment at hospitals, visits to doctors and specialists, and result in emotional and physical pain and suffering, as well as weeks or months of lost income.
If you have been involved in a failure-to-yield accident, contact a Mount Pleasant failure-to-yield accident lawyer, who represents individuals in Mount Pleasant and the surrounding areas. Remember that it is in the best interests of a car accident party to have an experienced attorney who will protect their rights.
Causes of Failure-To-Yield Accidents
Failure-to-yield accidents are caused when one driver fails to yield the right of way to another driver. However, it is important to look at the underlying cause of the action, which can sometimes include speeding, distracted driving, or driving under the influence.
Although less common in failure-to-yield accidents, other factors may have contributed to the accident, such as defective auto parts, road construction, inclement weather, and more.
In those situations, there may be numerous possible defendants, such as vehicle service companies, tire manufacturers, government entities responsible for road safety, and more.
Determining Fault in a Failure-to-Yield Accident
Determining fault is the key in failure-to-yield accident lawsuits. South Carolina follows comparative negligence laws. Essentially, that means a plaintiff can still pursue damages even if they were partly negligent – as long as their negligence does not exceed that of others involved.
A plaintiff’s recovery will be reduced in proportion to their negligence. For example:
Person A’s car enters the highway, fails to yield to Person B’s car and injures them. In most cases, Person B can sue Person A. However, if Person A was speeding and is deemed to be 45% at fault, then their recovery would be reduced by that amount. If they were deemed to be 51% or more at fault, they would be barred from recovery.
An experienced Mount Pleasant failure-to-yield accident lawyer can analyze the accident details, determine approximate liability, and explain rights so that a person can make an informed decision about what is best.
The damages associated with a failure-to-yield accident can include both economic and non-economic damages which include, but are not limited to:
- Car repairs and rentals
- Emotional distress
- Hospital costs
- Loss of enjoyment of life
- Lost income
- Medical bills
- Physical pain and suffering
- Property damage
A Mount Pleasant failure-to-yield accident attorney can approximate the types of damages are available to you by reviewing what you have already spent and what you are likely to spend in the future.
Contacting a Mount Pleasant Failure-To-Yield Accident Attorney
If you have been involved in a failure-to-yield accident, it is important to understand that insurance companies will be involved. Most insurers have a team of attorneys who seek to pay you as little as possible – if anything at all.
It is also important to keep in mind that South Carolina’s statute of limitations in which to file a failure-to-yield car accident lawsuit is generally three years from the date of the accident, so time is of the essence.
Contact an experienced Mount Pleasant failure-to-yield accident lawyer today to discuss your situation and get the facts you need to make an informed decision.