Orangeburg Failure to Yield Car Accident Lawyer
South Carolina laws dictate when one driver must yield the right of way to another in traffic. These rules are in place to protect pedestrians and prevent collisions. Crashes caused when someone violates right-of-way laws are also called failure to yield car accidents.
Failure to yield accidents can arise in a number of traffic situations. Running a red light or stop signs are two common examples of failure to yield. Drivers who do not stop for pedestrians at crosswalks and intersections are also violating failure to yield laws.
Have you or a loved one been hurt in failure to yield accident in Orangeburg? You could be entitled to financial compensation for your medical expenses, lost income, pain and suffering, and other losses. At Wilson Law Group, LLC, we can help you pursue compensation to restore your sense of personal and financial wellbeing again.
It’s easy to learn your legal options. Schedule a free consultation with an experienced Orangeburg failure to yield car accident lawyer today.
What is a Failure to Yield Accident?
Ignoring another person’s right of way can cause failure to yield accidents. These crashes can take many forms. A driver who fails to yield the right of way merging into traffic might cause a sideswipe collision. An individual who runs a red light could cause a T-bone crash or head-on collision. Violating right of way laws at intersections or crosswalks could cause deadly pedestrian or bicycle accidents.
South Carolina has many right-of-way rules. Crashes can result from intentionally disobeying these laws or because a driver didn’t know what to do in the traffic situation. Regardless, a driver who causes a failure to yield accident in Orangeburg can be held responsible if their actions harm others.
Drivers are not always the ones at fault in failure to yield collisions. For example, a malfunctioning traffic light could cause more than one driver to unknowingly enter an intersection at the same time. In those circumstances, a city or state government could be held legally liable for the crash.
Because other drivers are not always to blame for failure to yield car accident, it’s a good idea to meet with a lawyer who can investigate your case and determine who is at fault.
What is the Right of Way?
The right of way is a term that determines who is allowed to proceed through traffic first. Drivers must demonstrate that they know right of way rules before they are licensed in South Carolina. That includes yielding to traffic signs, signals, and at crosswalks.
Here are the right-of-way laws in Orangeburg:
- Making a left turn: Turning left is one of the riskiest moves a driver can make. All drivers turning left must ensure there is no oncoming traffic and yield to motorists at all times. This includes bicyclists, who have the same rights as other drivers in South Carolina.
- Turning right at a red light: In South Carolina, drivers can turn right on red unless there are signs indicating otherwise. Still, they must look for other motorists first and yield before turning.
- Merging: Drivers have to merge in many traffic situations, such as when they want to enter a highway or when a lane ends. Although drivers often move over to allow merging cars in, they are not required to do so by law. Merging drivers must yield to oncoming cars before moving into a lane.
- Parking lots: There are typically two types of lanes in parking lots. Thoroughfares are the main lanes along the boundary of the parking lot. Feeder lanes are smaller and typically begin and end at the thoroughfare. Drivers in feeder lanes typically must yield right of way to drivers in thoroughfares. Additionally, drivers that are already in a parking spot must yield right of way to others traveling through a feeder lane or a thoroughfare.
- Driveways: Drivers exiting or entering driveways, whether it is their own or a commercial driveway, must always yield to other drivers and pedestrians.
When insurance companies and law enforcement officers are trying to determine who was at fault for a failure to yield accident, they will always take right-of-way laws into consideration. Their decisions can impact your ability to recover compensation after a crash. For this reason, you should talk to a lawyer who can conduct a separate investigation on your behalf. Having an attorney in your corner can help ensure that you are not assigned an unfair portion of fault.
Do Pedestrians Always Have the Right of Way in Orangeburg?
Contrary to what many people believe, pedestrians do not always have the right of way in Orangeburg. Pedestrians only have the right of way when they are using a crosswalk.
Drivers must yield the right of way to pedestrians when they are in the same half of the crosswalk that the vehicle will travel through. This is true for both lanes of traffic.
However, there are also times when pedestrians must yield the right of way to drivers. Any time a pedestrian wants to cross the road and they do not use a crosswalk, or there is no crosswalk present, they must yield to drivers. Even when pedestrians wish to use a crosswalk, they must wait until traffic signals indicate that they can proceed.
Proving Liability in a Failure to Yield Accident
Although pedestrians must follow the rules of the road, most failure to yield accidents are still caused by negligent drivers. Negligence refers to the failure to act in a reasonable manner that keeps everyone safe. Individuals that are injured by a driver that failed to yield must establish four elements of their case. These include:
- The negligent party owed the accident victim a duty of care.
- The negligent party breached that duty of care.
- The accident victim sustained injuries as a result.
- The injuries caused were the direct result of the liable party’s negligence, and that awarding compensation can make the victim “whole” again.
To show that a driver was negligent and caused a crash, the accident victim must provide evidence that proves their claim. Proof of violations of traffic law are the clearest forms of evidence used in failure to yield accident cases. This could include video surveillance from nearby businesses or dash cams, pictures taken at the scene, and eyewitness statements, among others.
Role of Road Signs in Right-of-Way Accidents in Orangeburg
Road signs are important indicators of who has the right of way. South Carolina’s Uniform Act Regulating Traffic on Highways, Section 56-5-2330 states that the Department of Transportation and other local authorities can place yield signs where they deem appropriate. All drivers are expected to abide by these signs.
The Act also states that drivers must stop at a stop sign unless otherwise directed by a police officer. Once stopped, drivers must then yield the right of way to other vehicles that are in the roadway or ones that are approaching so closely that they pose an immediate hazard.
In addition, drivers approaching a yield sign must also slow down to a reasonable speed for the existing conditions. If slowing down does not provide the driver with enough time to yield to traffic, the motorist must come to a full stop. Again, once the motorist starts to approach again after slowing or stopping, they must yield right of way to any oncoming vehicle.
Just as the law is very clear about road signs pertaining to right of way, it is also very clear regarding liability for any driver that fails to yield. Any driver that is involved in a failure to yield accident is considered negligent per se. This means that he/she has violated specific traffic laws and that injured individuals do not have to prove the driver was negligent. Instead, the driver has the burden to prove that they did not act negligently and cause the crash.
How Can the Orangeburg Car Accident Lawyers at Wilson Law Group Help Me?
Being injured in a failure to yield accident can turn your life upside down. Our car accident lawyers at Wilson Law Group, LLC, we will fight to make things right again.
Our Wilson Law Group, Orangeburg car accident lawyers demand maximum compensation for injured South Carolinians just like you. We will conduct a thorough investigation of your accident, prepare a strong and solid claim for compensation, and negotiate fiercely with insurance companies so that you are not given a lowball settlement offer. You can count on our law firm to put your needs first.
Ready for a free consultation? Call or contact us now to get started.