Everyone must follow the rules of the road to keep other parties safe. Whenever there is a conflict between two vehicles, the rules of the road define which of the drivers has the right of way. All motorists have a legal duty to keep a proper lookout for others and yield to the right of way. When drivers fail to do so and cause accidents, they could be held liable for their negligence through a personal injury action.
If you were struck by a driver who failed to grant you the right of way, reach out to a Rock Hill failure to yield accident lawyer. With help from an experienced auto crash attorney, you could pursue fair payment for your medical bills, lost wages, pain and suffering, and more.
Right of Way Disputes in Rock Hill
Determining who had the right of way after an accident can be a complicated task. If the crash occurred at a lighted intersection, it may be difficult to find evidence to prove which driver had a green light. These cases frequently rely on witness testimony, which may be conflicting.
Other cases are more obvious. For example, if a wreck occurred at a two-way stop, there is a dominant road and a subservient road. The right of way is clearly defined, and proving fault may be easier. If a crash occurred while a vehicle was pulling out of a private drive, right of way is determined by which road is dominant and which is the private drive.
For a free legal consultation with a Rock Hill Failure to Yield Accident Lawyer call 1-803-366-0333
Establishing Liability After a Crash
Like other personal injury actions, liability for a car accident is usually based on the legal concept of negligence. To prove negligence, the victim and their Rock Hill failure to yield accident attorney must demonstrate four factors: duty, breach, causation, and damages.
All motorists have a duty to yield to another driver’s right of way. When they fail to do so, they breach their duty of care. If this breach directly causes an accident, and the victim suffers injuries as a result, the at-fault driver is considered negligent.
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Gathering Evidence and Negotiating with Insurance Adjusters
Insurance companies should assign liability to the driver who fails to yield. However, when they have a reasonable basis to deny a claim, they do so to protect their financial interests. Denied claims are extremely frustrating for victims, who may be overwhelmed with bills and forced to miss work.
One of the benefits of a law firm is its ability to conduct an investigation to establish fault for the accident. Attorneys could take numerous steps to paint a clear picture of what happened in the crash. They could gather testimony from independent witnesses, look for traffic camera footage or surveillance videos from nearby businesses, and take photographs of the accident scene. With thorough documentation and evidence, insurance companies may be willing to reach a fair settlement.
Unfortunately, not every claim can be resolved outside of court, and insurance companies sometimes undervalue a settlement or refuse to accept liability. If a trial is necessary, a Rock Hill law firm does not have the same limitations that smaller firms and solo practitioners do. Dedicated firms could utilize a team of investigators, researchers, and legal assistants to prepare the best case possible and facilitate a successful resolution of the case.
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Contact a Rock Hill Failure to Yield Accident Attorney
If you suffered injuries due to another driver’s misconduct, you should not be burdened with your medical bills and expenses. The at-fault parties may have a legal obligation to provide fair compensation. Reach out to a Rock Hill failure to yield accident attorney for advice and guidance through every part of the personal injury claims process. Call Schiller & Hamilton today to discuss your case.
Call or text 1-803-366-0333 or complete a Free Case Evaluation form