Charlottesville Failure to Yield Car Accident Lawyer
Did another driver fail to yield the right-of-way and injure you in a car accident in Charlottesville? If so, the Charlottesville failure to yield car accident attorneys of the Kendall Law Firm can pursue the at-fault driver for the compensation you need for your injuries and losses. You should not have to suffer physically, financially, or emotionally for a negligent driver’s wrongdoing.
Since 2009, the Kendall Law Firm has represented accident victims just like you who were injured by the negligence of others. We’ve achieved settlements and awards worth millions of dollars for our clients. Our team of experienced attorneys has the knowledge, resources, and resolve to fight for your rights. We’ll handle all the legal matters so you can focus on your recovery.
Contact the Kendall Law Firm today for a free case review with one of our Charlottesville car accident lawyers.
What Constitutes Failure to Yield Under Virginia Law?
Failure to yield occurs when drivers do not give the right-of-way to other vehicles or pedestrians as required by Virginia’s laws. The right-of-way is the legal right of a driver or pedestrian to proceed first in a traffic situation where multiple road users simultaneously approach the same area. In most situations, drivers know the appropriate right-of-way order through laws, traffic signals, or roadway signs. However, in some cases, the right-of-way is less clear-cut, and drivers must use their judgment and exercise reasonable caution to avoid collisions.
In some cases, the driver’s specific action may result in a failure to yield, which could cause vehicular accidents, injuries, or death. According to the Virginia Department of Motor Vehicles, drivers’ failure to yield resulted in 16,654 driver injuries and 38 fatalities in one recent year.
What Are the Different Types of Failure to Yield?
There are situations when a driver could cause an accident due to their failure to yield, including the following:
- Traffic lights – Traffic lights or signs often indicate which driver has the right-of-way. Disobeying a traffic light constitutes a failure to yield and a traffic violation.
- Private drives or parking spaces – In Virginia, drivers entering public roads from private drives or parking spaces must yield the right-of-way to vehicles already approaching on those roads.
- To pedestrians – Virginia drivers must stop and yield the right-of-way to pedestrians at marked crosswalks, regular pedestrian crossings, and intersections where the speed limit is 35 miles per hour or less.
- To oncoming vehicles when turning left on a green light – Under Virginia Law, drivers turning left at an intersection or onto a private road or driveway must yield the right-of-way to oncoming traffic. Some intersections have traffic lights with separate left-turn signals, which provide a left-turning driver with the right-of-way when the green arrow is lit.
- When merging – In Virginia, drivers must yield the right-of-way when merging onto a highway. If a stop sign controls the entrance to the highway, the driver must make a complete stop and then yield to oncoming traffic before entering the highway. If a “Yield Right-of-Way” sign is posted, drivers must slow down and yield to ongoing traffic.
- To emergency vehicles – Under Virginia law, drivers must yield the right-of-way to emergency vehicles using audible signals such as sirens or horns or flashing lights. Emergency vehicles include police cars, fire trucks, and ambulances.
If the Other Driver Is Not Charged with Failure to Yield, Can They Be Held Liable in Civil Court?
Regardless of whether the driver who hit you gets charged with a traffic violation, you can still seek compensation if they were at fault for your injuries. With an experienced Charlottesville failure to yield car accident lawyer’s assistance, you can seek compensation by filing a claim with the at-fault driver’s insurance company for your accident-related losses or by filing a personal injury lawsuit against the at-fault driver.
In many cases, a failure to yield accident victim will file an insurance claim and then negotiate with the at-fault driver’s insurance company for a fair settlement. If the insurer refuses to provide a satisfactory settlement to cover the victim’s losses, the injured person can file a lawsuit against the at-fault driver. Filing suit will often force the insurer back to the negotiating table to avoid a costly and lengthy trial.
That’s why it is essential to consult a lawyer immediately after a failure to yield accident. You cannot know at the outset whether you will need to go as far as filing a lawsuit, but by preparing to do so, you strengthen your hand at negotiating.
What Damages Could I Be Entitled to From a Failure to Yield Car Accident in Virginia?
With the assistance of a failure to yield accident lawyer, you may be able to recover compensation (or damages, to use the legal term) for the following accident-related losses:
- Medical bills and treatment expenses
- Lost wages from time missed from work
- Vehicle repairs or replacement
- Loss of future earnings if your injuries leave you disabled
- Pain, suffering, and mental anguish
Should I Settle with the Insurance Company?
Immediately after a failure to yield accident, insurance companies often pressure victims to settle before they clearly understand their injuries and how much compensation they need to take care of themselves. That is why we always advise clients not to settle without talking to an experienced Charlottesville car accident attorney. Here at the Kendall Law Firm, we know all the tricks insurance companies use to exploit vulnerable accident victims, so we won’t let that happen to you. When you have the Kendall Law Firm on your side, you may receive a much more generous settlement from the insurance company.
How Long Do I Have to File a Claim After a Failure to Yield Car Accident in Virginia?
Virginia’s statute of limitations allows an injured person two years from the failure to yield accident date to file a lawsuit. However, we strongly urge you to act sooner than that. Investigating car accidents takes significant time and resources. Furthermore, the longer you wait, the harder it might be to gather essential evidence, such as video of the accident scene or eyewitness testimony. Therefore, as soon as you feel well enough to give us a call, you should do so.
Contact the Kendall Law Firm Today to See How Our Charlottesville Failure to Yield Accident Car Accident Attorneys Can Help
If a Charlottesville driver failed to yield the right-of-way and injured you in an accident, the Kendall Law Firm can help. Our experienced Charlottesville failure to yield accident lawyers will listen to your story and advise you about your options. We understand how critical it is to recover the compensation you deserve, so let’s get started today. Contact the Kendall Law Firm right now for a free case review.