Failure to Yield Accidents

Even when you are doing everything you can to drive cautiously and safely, sometimes you cannot help being involved in a collision caused by another driver’s carelessness. One of the most common crashes that can result from someone’s inattention behind the wheel is a failure to yield accident, which happens when a driver fails to stop at a red light, stop sign, or uncontrolled intersection. If you or someone you love has suffered injuries as the result of another person’s failure to yield, you may be entitled to compensation. Knowledgeable car accident attorney Patrick E. Knie has helped many Spartanburg and Greenville residents bring claims to pursue the compensation that they are owed.

A motor vehicle accident usually gives rise to a personal injury case, which requires a plaintiff to prove that the other driver was negligent. The first element in a negligence case is called a duty of care. When it comes to the rules of the road, the duty of care that applies to drivers is the same ordinary care and skill that a reasonably prudent driver would use in a similar situation, taking into account traffic conditions, weather patterns, and road obstructions existing at the time of the collision. If it was raining heavily, for example, the jury would be asked to evaluate the defendant’s conduct based on how a reasonably prudent driver would operate his or her vehicle in heavy rain.

Next, the plaintiff must show that the defendant’s conduct fell below this standard of care, resulting in a breach. Any time that a driver violates a traffic law, his or her conduct is considered a breach of the standard of care. A reasonably prudent person would typically not violate any traffic laws, including the rule to yield when required.

After establishing duty of care and breach, the plaintiff must prove that the defendant’s carelessness was the direct and proximate cause of his or her injuries. Direct cause is established when the plaintiff can show that he or she would not have been hurt if the defendant had not breached the duty of care. Proximate cause is usually evaluated according to well-established legal principles regarding foreseeability. Even if a breach was the direct cause of the accident, sometimes the law does not hold a defendant responsible when the plaintiff’s injuries was not the foreseeable outcome of the defendant’s breach.

The fourth and final step of a negligence claim requires the plaintiff to offer proof supporting the damages that he or she is claiming in the lawsuit. These typically consist of medical expenses, lost wages, property damage, lost earning capacity, and pain and suffering.

At the Knie & Shealy Law Offices, our lawyers know how devastating a motor vehicle collision can be for individuals and families in Spartanburg and Greenville. If there is anything that can make recovering from a car accident even more challenging, it is trying to navigate the legal system, negotiating with insurance companies, and collecting evidence. Our seasoned lawyers can help you build your case and assert your rights. Call us at (864) 582-5118 or contact us online to set up a free consultation. We represent victims throughout Cherokee, Union, Laurens, and Greenville Counties.