Failure-to-yield accidents are some of the most common yet complicated car accidents in South Carolina.
These accidents occur when a driver neglects their legal obligation to give the right of way, leading to collisions that can cause significant injuries, property damage, and emotional distress.
Unlike rear-end collisions, where fault is often apparent, failure-to-yield cases are more nuanced. Establishing liability requires gathering evidence, such as traffic camera footage, eyewitness statements, or accident reconstruction analyses. This makes it critical for victims to understand their legal rights and options.
South Carolina’s comparative negligence system further complicates these cases. While you can still recover compensation if you are partially at fault, your recovery will be reduced by your percentage of fault.
For instance, if you are found 20% responsible for the accident, your total compensation will decrease by 20%. This system emphasizes the importance of collecting robust evidence to counter any claims that you contributed to the crash and to ensure the best possible outcome for your case.
This guide provides an in-depth look at failure-to-yield accidents, including common scenarios, the legal implications in South Carolina, and how an attorney can help you navigate this challenging process.
Why You Need a Lawyer and What They Will Do
Failure-to-yield accidents often involve heated disputes over who had the right of way. These disputes are compounded by insurance companies that seek to exploit any uncertainty to reduce or deny claims. For these reasons, hiring an experienced attorney is essential to protect your rights and secure the compensation you deserve.
A lawyer will start by thoroughly investigating the accident. This includes collecting and analyzing key evidence such as police reports, traffic footage, and witness statements to build a compelling case.
They will work to establish that the other driver’s failure to yield—not your actions—caused the collision. Additionally, they will handle all communications and negotiations with insurance companies, who may argue that you were partially responsible for the crash. By countering these tactics, your lawyer ensures that your claim is not unfairly diminished.
In some cases, insurers refuse to offer a fair settlement. If this happens, your attorney can file a lawsuit and represent you in court, using their legal expertise to fight for your best interests. With their help, you can focus on recovery while they handle the complexities of your case.
The Compensation You Can Receive
If you are injured in a failure-to-yield accident, you may be entitled to compensation for both economic and non-economic damages. Economic damages include medical expenses, lost wages, and the cost of repairing or replacing your vehicle.
These are tangible losses that can be documented and calculated. Non-economic damages, on the other hand, cover intangible losses such as pain and suffering, emotional distress, and the loss of enjoyment of life.
In cases where the at-fault driver acted recklessly, punitive damages may also be available. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
Stacking Insurance Lets You Use Multiple Policies
In South Carolina, policy stacking is an important tool for victims of underinsured or uninsured motorist accidents. If the at-fault driver’s liability insurance is maxed out, you may begin to “stack” by filing claims on other valid policies, up to the maximum amount of UIM coverage on the vehicle involved in the accident, per policy.
This could include policies belonging to other members of your household. South Carolina law mandates that insurance follows the policyholder, not just the vehicle. This means you may be able to file claims against policies that cover vehicles not involved in the accident, as long as they are within the same household.
Policy stacking is particularly relevant in cases like hit-and-runs or when the at-fault driver has inadequate coverage, which is not uncommon given South Carolina’s low minimum insurance requirements.
Having an experienced attorney is critical in these situations to navigate the complexities of stacking, ensure all eligible policies are identified, and tie everything together for maximum compensation.
The Legal Side of Failure-to-Yield Cases
Navigating the legal complexities of a failure-to-yield accident case in South Carolina requires a deep understanding of the state’s laws and insurance practices.
South Carolina’s comparative negligence system means that even if you are partially at fault for the accident, you can still recover compensation—though it will be reduced proportionally.
This system can be challenging to navigate, as insurance companies often use it to their advantage, arguing that victims share responsibility for the crash.
Insurance companies may claim that you could have avoided the accident by braking sooner, driving more defensively, or paying closer attention. These arguments are designed to minimize the insurer’s liability.
A knowledgeable attorney can refute such claims by presenting evidence that shows the other driver’s failure to yield was the primary cause of the collision. By focusing on the facts, they can ensure that your rights are protected and that you receive fair compensation.
What Happens After a Failure-to-Yield Accident
The moments after a failure-to-yield accident can be overwhelming, but your actions during this time can significantly impact the outcome of your case.
First, prioritize safety by checking for injuries and calling 911 for emergency assistance if needed. If it is safe to do so, move your vehicle out of the flow of traffic to prevent further accidents.
Documenting the scene is crucial. Take photos of the vehicles, road signs, traffic signals, and any visible damage. If there are witnesses, collect their names and contact information, as their testimony could be critical in proving fault. Filing a police report is also essential, as it creates an official record of the incident that can support your insurance claim or legal case.
Even if you feel fine after the accident, seek medical attention promptly. Some injuries, such as whiplash or concussions, may not present symptoms immediately but can have long-term consequences.
Delaying treatment can also give insurance companies grounds to argue that your injuries are unrelated to the accident. Lastly, consult with an attorney as soon as possible to ensure your rights are protected and to begin building your case.
Common Scenarios of Failure-to-Yield Accidents
Failure-to-yield accidents can happen in many situations, often with serious consequences. Common scenarios include drivers failing to stop at stop signs or red lights, turning left without waiting for oncoming traffic to clear, or merging onto highways without yielding to vehicles already on the road.
Pedestrian-related accidents are also common, particularly when drivers fail to yield at crosswalks. These incidents can result in severe injuries, as pedestrians are particularly vulnerable.
imilarly, failure to yield to emergency vehicles or school buses can lead to devastating collisions and significant legal repercussions. Each of these scenarios requires a tailored approach to prove fault and recover damages.
How Auger & Auger Can Help
At Auger & Auger, we understand the challenges that victims of failure-to-yield accidents face. With over 30 years of experience, we are committed to helping you navigate the complexities of South Carolina’s legal system and securing the compensation you deserve.
Our team will thoroughly investigate your case, gather critical evidence, and handle all negotiations with insurance companies to ensure that your claim is valued fairly.
We operate under our Zero Fee Guarantee, meaning you pay nothing unless we win your case. This ensures that financial concerns do not stand in the way of pursuing justice.
Contact Us Today
Failure-to-yield accidents can disrupt every aspect of your life, but you don’t have to face the aftermath alone. At Auger & Auger, we are here to help. Contact us today for a free consultation, and let us guide you through your legal options.
Together, we can take the first step toward recovery and justice.
