The National Safety Council found that in 2019, 15% of fatal accidents were caused by drivers failing to yield while on the road. Because drivers failing to yield constitutes such a large percentage of car accidents, it’s important to understand what it means when a driver does not yield to the right of way, and how to protect yourself on the road.
At the Law Office of Kenneth Berger, our South Carolina personal injury attorney team knows how damaging and stressful car accidents can be. If you or a loved one were injured in an accident where a driver failed to yield, we can help ensure you get the support you need while on the road to recovery. You can reach our office 24/7 by calling (803) 790-2800 in Columbia, SC or (843) 427-2800 in Myrtle Beach, SC or by submitting a chat using the chat box below.
What is a Failure to Yield Violation? ![yield sign on road in south carolina]()
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A Failure to Yield violation occurs when the at-fault driver does not stop for another driver or pedestrian who has the “right-of-way,” causing a crash. But what does it mean to have the right-of-way? When someone has the right-of-way, this simply means they have the right to proceed before another vehicle. There can be many different reasons or underlying causes for why a driver may fail to yield to another motorist. The at-fault driver may have been:
- Driving distracted/not paying attention,
- Driving under the influence,
- Using their phone i.e. texting while driving,
- Speeding and unable to stop in time to avoid the crash or
- Inexperienced and unaware of the rules of the road.
Regardless, when a crash happens as a result, that driver will be given a failure to yield violation.
Determining Who Had the Right of Way in a Failure to Yield Accident
When the police arrive on the scene after a car crash, they will assess which driver failed to adhere to the right-of-way rule. When that happens, an officer will likely give a ticket to the at-fault party. In South Carolina, the at-fault party will face a maximum fine of up to $180 and will receive a 4-point penalty on their driver’s license.
Common Instances of a Failure to Yield
Accidents caused by a failure to yield violation can happen in a variety of circumstances, but some of the most common examples in which drivers or motorists fail to yield to traffic while on the road are:
- At four-way stops and intersections
- Failing to yield to other vehicles while merging into another lane of traffic
- Failing to yield to cyclists or pedestrians, particularly while at crosswalks
- Failing to properly yield at malfunctioning or flashing traffic lights
- Not adhering to street signs, such as stop or yield traffic signs
- While attempting to make a right turn at a red light
- While exiting driveways or parking lots
- Failing to yield to emergency vehicles
What to do After a Failure to Yield Collision
If the Other Driver was At Fault
Report the Crash to Your Insurance Company
No matter who is found to be at fault in a wreck, it is always important to report the accident to your insurance company. Even if you were not at fault, your insurance policy may require you to report any accidents, so it is always a good idea to let your insurance company know if you have been in a wreck.
File an Injury Claim
If you were injured in a failure-to-yield crash, you can seek compensation for your medical bills and other damages that may have resulted from the collision by filing a claim with the at-fault driver’s insurance company.
Consult with a Car Accident Attorney
Although not all car accidents require hiring an injury attorney, it’s a good idea to at least consult with a Myrtle Beach car accident attorney before signing any releases to ensure your rights are protected. The goal of an insurance company is to pay out as little as possible, and as a result, the adjuster may attempt to lowball you. A qualified car accident attorney can likely tell you what you should expect out of your injury claim. At the Law Office of Kenneth Berger, we offer free consultations and would be honored to listen to your story to see if we can help.
File All Medical Bills With Your Health Insurance Provider
In the case of an injury that requires medical treatment, always make sure to file any accident-related medical bills with your insurance provider if you have health insurance. This can help reduce the amount of money you have to pay out of pocket while waiting for a settlement from the insurance company.
If You Were at Fault:
Your Insurance Should Cover Their Expenses
If you were found at fault in a crash, your insurance should cover the vehicle repairs for your car, the other driver’s car, and the other driver’s medical expenses.
The Accident Report is Not the Final Say
If you believe you were wrongfully found at fault, you have the right to dispute the findings in the accident report. Witnesses and video footage from nearby businesses can often help prove what really caused the crash to occur.
How We Can Help
At the Law Office of Kenneth Berger, we are dedicated to helping our clients seek a full, fair recovery after they have been injured due to no fault of their own. If you were injured in a failure-to-yield crash, we will navigate the legal system for you, so you can prioritize recovering and getting back to life as normal. You can rest assured our team will treat you with respect and empathy throughout your case, and we will provide regular updates so you can stay in the loop every step of the way. Contact us today for a free consultation by calling (803) 790-2800 in Columbia, SC or (843) 427-2800 in Myrtle Beach, SC to see how we can help.
