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When drivers fail to yield before turning onto an intersection, highway, or busy road, they should be held liable in the event that they cause an accident. Due to the high speed of unsuspecting vehicles, a driver carelessly merging onto a road may have drastic consequences.

If you have suffered injuries as a result of a driver’s failure to yield, you may be entitled to compensation with the help of a skilled car wreck attorney. A Raleigh failure to yield accident lawyer could review the circumstances of your crash and help you establish ways to prove that the negligent party should be held accountable for your hardship. To get started, be sure to schedule a consultation today.

Right of Way of Drivers in Raleigh

When roads intersect or merge, the right of way determines which driver, cyclist, or even pedestrian has the right to enter a street or intersection first.

Most right of way rules are universal. For instance, drivers must yield to pedestrians, regardless if they are in marked or unmarked crosswalks. When it comes to street traffic, a vehicle already established on a street has the right of way compared to drivers attempting to enter from a parking lot or side street. Drivers must also heed highway signs, particularly yield signs and stop signs at intersections that do not stop in all directions.

The rules regarding the right of way are covered by a patchwork of state and local laws. Discussing the case with a failure to yield accident lawyer in Raleigh could help you understand how right of way rules could impact your case.

Establishing Negligence in a Failure to Yield Accident

To recover monetary damages in a Raleigh failure to yield accident lawsuit, a plaintiff must demonstrate to the judge or jury that the other driver was at fault. To do so, the plaintiff must demonstrate that the other driver negligently caused the accident. To establish negligence, the plaintiff must prove four things:

  • The other driver owed the plaintiff a duty of care
  • The driver violated their duty
  • The violation caused the plaintiff’s injuries
  • The injuries resulted in monetary damages

Duty of Care

The first element requires demonstrating that the defendant owed a duty to the plaintiff. This is simple in most accident cases, as all drivers owe a duty to each other to operate their motor vehicles in a safe manner.

Breach

To recover compensation, a plaintiff must also establish that the defendant violated, or breached, the duty owed to the plaintiff. A breach involves any sort of moving violation. However, in a failure to yield case, a plaintiff typically establishes a breach of the duty of care by providing evidence that the plaintiff had the right of way, and the defendant failed to yield.

Causation

The third element of negligence is causation. To establish causation, the plaintiff must show the defendant’s failure to lead caused a collision that injured the plaintiff.

Damages

Finally, a plaintiff must also establish damages in order to obtain monetary compensation. This requires evidence that of injuries resulting from the accident. Common damages include medical bills, vehicle repair costs, and lost wages.

Call a Raleigh Failure to Yield Accident Attorney

When you suffer an injury in a failure to yield crash, you have the right to pursue monetary compensation. However, the other driver could have the assistance of an insurance company and their lawyers. Thankfully, you do not have to pursue compensation by yourself. With the help of a Raleigh failure to yield accident lawyer, you could find yourself in a position to maximize your recovery. To get started on your case, be sure to schedule a consultation today.