Lancaster Failure to Yield Accident Lawyer

If a careless or reckless motorist fails to yield the right of way to another driver and an accident results, the injured party may be justified in financial damages. The injured individual may be entitled to several types of monetary damages to compensate for their medical bills, psychological distress, lost income, pain, and suffering. A Lancaster failure to yield accident lawyer should be sought immediately in the aftermath of this type of collision to ensure they understand their legal rights and options for recovery.

A knowledgeable car accident attorney could evaluate the circumstances of your injury and explain what compensation could be available to you. A seasoned lawyer could also handle all interactions with the at-fault driver’s insurance company, allowing you to focus on the process of healing and recovery.

Types of Failure to Yield Crashes

There are numerous traffic violations which would be classified as a motorist’s failure to yield. For instance, making a left turn ahead of moving traffic, disobeying a stop sign or red light, or neglecting to yield right of way to a person on foot are all examples of failure to yield. Other common scenarios that contribute to failure to yield crashes include:

  • A driver merges onto a highway but does not yield to the flow of traffic
  • A motorist makes a right turn while a traffic light is red in front of other drivers who have a green light
  • A motor vehicle driver does not to reduce their speed when approaching a flashing yellow light
  • A driver does not stop for a nearby ambulance or another emergency responder
  • A motorist is exiting a parking lot but does not wait for traffic to pass before entering the road

Not surprisingly, these violations may result in significant accident injuries. Injuries resulting from a failure to yield collision may include concussions, whiplash, broken bones, muscular strain, soft tissue injuries, neck injuries, spinal injuries, traumatic brain injuries (TBI), paralysis, and even death.

Comparative Negligence

Per South Carolina Code § 15-1-300, an injured party involved in a failure to yield collision may still be permitted to recover financial damages even when they are partially liable for the crash. The law states that the plaintiff may be as much as 50 percent at fault for their injuries and still collect compensation.

Any percentage of liability assigned to the plaintiff would be subtracted from their money damages. However, if the injured party is 51 percent or more to blame, they would not be entitled to financial recovery. A skilled Lancaster failure to yield crash attorney would seek to reduce or eliminate any allegations of liability which may be leveled against the victim by the other party.

Filing a Civil Damages Claim

The party injured in an auto accident have three years from date of the occurrence to file a civil claim for damages, pursuant to S.C. Code § 15-3-530. This means that failure to yield accident victims have just three years to retain a Lancaster attorney and get their case filed with the civil courts. Time is truly of the essence when pursuing financial damages, as noncompliance with the three-year deadline could totally prelude recovery.

Reach out to a Lancaster Failure to Yield Accident Attorney Today

If you would like to find out more about your legal options after a motor vehicle accident, a Lancaster failure to yield accident lawyer may be well-positioned to provide you the advice and skilled representation needed to get your case moving in the right direction. It could be prudent to have an attorney review your case right away to ensure you do not run up against the statutory deadline and potentially miss out on compensation.

Call Schiller & Hamilton today to schedule a consultation.

We at Schiller & Hamilton Law Firm hope you and your family are safe & well. We wanted to let our friends and clients know that we are currently working regular office hours. However, in an effort to decrease in-person contact we encourage our clients to schedule an appointment by phone or Zoom. If an in-person appointment is necessary please note our offices are locked so please call our office number upon arriving. Our plan is to continue serving you and your family and providing the same level of professional service you’ve always received from us.
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