How Tennessee Right-of-Way Laws Affect Car Accident Claims

Close-up image of a Yield sign.

Tennessee drivers are required to learn about and follow the state’s right-of-way laws. These laws determine who may go first and who must yield to other traffic. Despite the law, however, there are still far too many traffic accidents and serious injuries caused by drivers who fail to yield the right of way.

Injured in a failure-to-yield crash? If so, At Massey & Associates, we strongly recommend seeking legal help as soon as possible. Our car accident lawyers in Chattanooga are experienced and deeply committed to helping injured victims recover compensation for their medical costs and other losses.

What Is the Failure to Yield and How Do These Accidents Happen in Tennessee?

Failure to yield in Tennessee occurs when a driver doesn’t give the right-of-way to other vehicles, pedestrians, or cyclists as required by law. These accidents typically happen when drivers disregard traffic signs, signals, or rules governing right-of-way in various situations.

Common scenarios for failure to yield accidents in Tennessee include:

  • Ignoring stop signs or traffic signals at intersections
  • Not yielding to oncoming traffic when making a left turn
  • Merging onto highways without yielding to existing traffic
  • Failing to yield to cyclists and pedestrians in crosswalks
  • Not giving right-of-way to emergency vehicles with active sirens and lights
  • Entering a roadway from a driveway or parking lot without yielding
  • Failing to yield in roundabouts to vehicles already in the circle
  • Not yielding to school buses with flashing red lights
  • Disregarding yield signs when merging or changing lanes

The negligent drivers who cause these crashes may be fully liable for any medical costs, property damage and other losses. However, it is not enough for the victim to say another driver caused the crash that injured them. Victims, or their attorneys, must be able to prove there was negligence. If negligence cannot be proved, then there is no case.  

How Do Attorneys Prove a Right-of-Way Car Crash?

Attorneys in Tennessee use a structured approach to prove negligence in right-of-way car crash cases. They must demonstrate that the at-fault driver’s failure to yield directly caused the accident and resulting injuries. This process involves establishing four key elements of negligence, which form the foundation of most personal injury claims.

To prove negligence in a right-of-way car crash, attorneys focus on these four elements:

Was There a Duty of Care?

Attorneys must establish that the defendant had a legal duty to drive safely and follow traffic laws, including following the state’s right-of-way rules. In Tennessee, all drivers are legally required to operate their vehicles with reasonable care. This includes knowing about and following traffic laws.

Was the Duty of Care Breached?

Lawyers must show that the at-fault driver (defendant) violated their legal duty by failing to yield the right-of-way. Proving this element might involve presenting evidence such as video footage from a dashcam or traffic camera. Credible witness statements and police reports also help to demonstrate the defendant’s failure to yield.

Causation

Attorneys need to prove that the defendant’s breach of duty directly led to the accident that caused the victim’s injuries. This step involves establishing a clear link between the failure to yield and the resulting collision. In complex cases, attorneys may consult with specialized experts, such as an accident reconstructionist or medical expert.

Damages

For the final element, attorneys must show that the victim (plaintiff) suffered actual damages as a direct result of the accident. Supporting evidence may include medical bills or employment records showing lost wages. Pain and suffering damages are harder to prove, but your attorney can guide you on how to provide evidence of these damages.

Attorneys know how to build a strong case by strategically proving each element. In turn, this evidence supports the victim’s claim that the defendant’s negligence caused the car crash and subsequent damages.

Why Consider Hiring a Chattanooga Injury Lawyer?

A knowledgeable attorney can determine if you may be eligible to recover compensation. Attorneys are well-versed in the best approach to proving the other driver’s negligence. However, building a case is often a complex process. Injured victims trying to handle their own cases may not be aware of all their legal rights. They may also overlook critical aspects, such as:

  • Gathering and preserving evidence
  • Being aware of and meeting legal deadlines
  • Understanding the full value of their damages
  • Effectively negotiating with insurance companies

We encourage you to entrust your case to our legal team in Chattanooga. Our car accident lawyers have extensive experience, and we are prepared to fight for the maximum possible compensation available to you.

What Are Tennessee’s Right-of-Way Laws?

Right-of-way laws are designed to keep all road users safe, this includes drivers, pedestrians, motorcycle riders, and pedestrians.

In Tennessee, you should be familiar with all of the right-of-way laws in the state, including:

  • Intersections: Drivers must yield to vehicles already in the intersection. The first vehicle to stop at a four-way stop has the right of way. If two vehicles arrive at the same time, drivers must yield the right of way to the driver on the right.
  • Left Turns: Vehicles must yield to oncoming traffic before turning left
  • Pedestrians: Drivers must yield to pedestrians in crosswalks, even if the sign is telling them not to cross. Additionally, drivers must yield to pedestrians at intersections, even if unmarked. That said, pedestrians must also look for traffic before stepping into the street to cross it.
  • Emergency Vehicles: Under the law, drivers must move to the right for emergency vehicles with sirens/lights.
  • Highways: Drivers must yield when entering or crossing a highway from a secondary road
  • Roundabouts: Drivers entering a roundabout must yield to vehicles already in the roundabout.
  • School Buses: All vehicles across all lanes of traffic must stop and not pass school buses that have their stop-arm extended and flashing red lights turned on. If the highway is divided, however, only the traffic behind the bus must stop.
  • Funeral Processions: Drivers in all vehicles must yield right-of-way to vehicles in a funeral procession.
  • Work Zones: Drivers must follow right-of-way instructions from flaggers in work zones.

Do I Have Legal Options for Recovering Compensation for My Crash Damages?

Yes, there are legal options that allow injured victims to recover damages caused by a failure-to-yield crash in Tennessee.

Filing a Personal Injury Claim or Personal Injury Lawsuit

Victims of such accidents can pursue compensation through insurance claims or personal injury lawsuits. The primary avenue for recovering compensation for damages typically involves filing a claim with the at-fault driver’s insurance company.

Tennessee’s Follows a Fault-Based System

Tennessee follows a fault-based system for car accidents. This means the driver who caused the crash is responsible for the resulting damages. If the insurance claim does not agree to fair compensation, victims can file a personal injury lawsuit against the at-fault driver.

What If I Am Partially to Blame for a Failure-to-Yield Crash in Chattanooga?

Tennessee’s modified comparative fault rule allows injured parties to seek damages as long as they are less than 50 percent at fault for the accident. However, if you do share some fault for the accident, any compensation awarded to you will be reduced by your percentage of fault.

Call Massey & Associates for a FREE Consultation

If you were injured in a car accident due to someone else’s failure to yield to your right of way, our law firm is here to help you understand your rights and legal options.

At Massey & Associates, we are dedicated to helping victims recover full and fair compensation for damages caused by another’s negligence. Contact us today for a free consultation to discuss your case and learn how we may assist you in pursuing justice. There is no obligation to hire us.

Author Profile

Gary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.


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