Failure-to-Yield Car Accident Lawyer in Virginia Beach

A Virginia Beach collision caused by a driver’s failure to yield could result in severe or possibly fatal injuries. These crashes often happen when a driver rolls through an intersection, makes a dangerous turn, merges inappropriately, or generally fails to take other drivers’ rights into account.

In many failure-to-yield car accidents, the other motorist might try to assert that they had the right-of-way to avoid liability. That’s why it is always a good idea to contact an experienced car accident attorney for help proving the other driver was responsible.

At Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C., we aggressively protect the rights of car accident victims like you in Virginia Beach. It might take a thorough investigation and indisputable evidence to establish liability in a failure-to-yield accident claim. Our team of experienced car accident lawyers will be ready to put our skills and resources to work for you.

If you have been injured in a failure-to-yield accident in Virginia Beach, don’t hesitate to reach out to us for help. We offer a free consultation where you get the opportunity to tell us your story. We can review the details of your case, answer your questions, and discuss your legal options for recovering the compensation you deserve.

What Is the Right-of-Way?

Virginia right-of-way laws establish who has the right to proceed under specific circumstances, such as when two or more drivers want to occupy the same space or are crossing the same intersection. Right-of-way applies to motor vehicles, pedestrians, and bicyclists.

These rules often come into play at intersections, when drivers are turning, when vehicles are merging, and when emergency vehicles are approaching. All drivers need to be aware of right-of-way laws to avoid dangerous situations and collisions.

What Is Failure to Yield?

Failing to yield is breaking the law. It is a driver’s failure to adhere to the rules of the road laid out by Virginia law on who must yield the right-of-way in a given traffic situation. This can mean entering the highway when it is not your turn or when it is not safe to do so, ignoring posted traffic signs such as a yield sign or stop sign, running a red light, or proceeding into an intersection at a four-way stop in the incorrect order.

Failure-to-Yield Accident Statistics in Virginia Beach

According to data from the Virginia Highway Safety Office, there were 128,172 crashes in the Commonwealth of Virginia in just one recent year, including 827 fatalities and 65,708 injuries. That amounts to one impact every 4.1 minutes. Virginia Beach City accounted for 5,992 of those crashes, with 22 deaths and 3,160 injuries.

The Highway Safety Offices estimates that 18,594 drivers were involved in failure-to-yield accidents in Virginia. A total of 32 fatalities were also attributed to a driver failing to yield as well.

Types of Failure-to-Yield Accidents

A failure-to-yield accident is caused by a driver failing to slow or stop to allow another vehicle to proceed when the law calls for it and colliding with another car as a result. Typically, one driver follows the established codes for right-of-way and is caught off guard by another driver entering a roadway or intersection.

Some of the most common types of failure-to-yield accidents happen under the following circumstances:

Left turns
Right turns on red
Failing to yield at stop signs, yield signs, and traffic lights
Failing to yield correctly at uncontrolled intersections
Passing or driving near bicyclists and pedestrians
Backing out of or driving across parking lots and driveways
Failing to yield at three-way and four-way stop signs
Vehicles merging
Failing to pull over or yield to emergency vehicles

Causes of Failure-to-Yield Accidents

Regrettably, failure-to-yield accidents are all too common on Virginia roads. These accidents can happen because of ignorance, distraction, inattention, or outright negligent driving behavior. Drivers may study right-of-way situations to pass their driving exam and then forget the rules of the road as time goes on, while other drivers are simply willfully negligent and ignore right-of-way rules.

In either case, the result is the same – a tragic and preventable accident that can leave a victim with severe injuries and significant medical bills. Some of the most often cited causes of failure-to-yield accidents include:

Distracted driving
Driving while intoxicated
Drowsy driving
Aggressive driving
Speeding
Failure to notice or obey posted signs

Liability in Failure-to-Yield Accidents

As in any car accident case, it is essential to establish liability for the accident. This means assigning blame to the parties involved for the responsibility they bear in causing the accident.

Often, failure-to-yield accidents can turn into a case of one person’s word against another. A victim may know with certainty that they approached a four-way intersection first, giving them the right-of-way. However, if the other driver wants to contest this version of events to avoid paying for damages, it can be challenging to prove who failed to yield.

Eyewitness statements, traffic camera data, and video footage from dashcams or surrounding businesses may be vital to help establish liability in this type of accident. An experienced failure-to-yield accident attorney can assist a victim in gathering this crucial information and building a solid case establishing liability. This evidence can help guide insurance adjusters or the courts and may be able to help you recover the compensation you deserve after a severe accident.

It is vital that you work with an attorney to establish that you did nothing wrong to contribute to the crash. Virginia is one of only a handful of states left that subscribe to the contributory negligence rule for establishing liability and allocating compensation after an accident. The contributory negligence rule states that any party whose negligence plays even a minor role in causing an accident cannot recover any monetary damages. Essentially, that means that if you are found even slightly to blame for causing the accident – even as little as 1 percent – you will be unable to recover any money from the other driver to cover your expenses.

Contact Our Failure-to-Yield Accident Attorney in Virginia Beach Today

At Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C., we help victims of failure-to-yield accidents pursue the compensation they deserve for their injuries and losses. Contact us today, and let’s discuss the details of your case and the ways we may be able to help you build a solid failure-to-yield claim. The consultation is free and will give you the information you need to move forward after a serious accident.