Hamilton County Failure to Yield Car Accident Lawyer
A Hamilton County failure to yield accident lawyer could assist you if you have been involved in an accident where another driver’s failure to give way caused your injury and damaged your car. An attorney could review the facts of the accident and investigate where the accident took place to determine who is at fault and whether you may be able to recover damages through insurance or a personal injury suit.
What Does Failure to Yield Mean Under Tennessee Law?
A failure to yield occurs when a driver does not give way to the vehicle, cyclist, or pedestrian that is entitled to cross or proceed first.
Tennessee Code § 55-8-128 through 131 describe yielding situations. Tenn. Code § 55-8-197 creates criminal misdemeanor penalties for failure to follow them. Under state law, situations where criminal liability could apply to failure to yield accidents include:
- Designated crosswalks
- Unprotected left turns
- Highway entrances
- Drives, private roads, or private driveways
- Failing to pass a bicycle safely
- Failing to drive on the correct side of the road
Failing to obey the law in these situations could result in accidents and may be illegal. While the code tries to clear up ambiguities, when mishaps occur, there are often conflicts between the parties as to who had the right of way. Thus, proving fault in an accident could be done with the help of a Hamilton County failure to yield accident lawyer.
Moving Violations and Personal Injury Lawsuits
A person injured due to another’s carelessness in a motor vehicle accident has the right to request compensation for his or her injuries from the party that caused him or her. While negligence or reckless could be difficult to prove under the law, a traffic violation could be compelling evidence of fault.
Proof of a violation of the law through demonstration of a citation, official police statement as to conduct, or expert testimony from a credible authority on the subject of traffic laws could significantly boost a plaintiff’s case. An experienced Hamilton County failure to yield accident attorney could help organize and present this kind of argument on a victim’s behalf.
In some instances, legal counsel could make the argument of negligence per se, or negligence itself. This legal contention only requires a presentation of the law and how the defendant’s conduct violated the law.
Negligence per se, unlike ordinary negligence, does not require a plaintiff to show that the defendant failed to use ordinary care in breach of a legal duty he or she owed to the injured party. An attorney could determine whether this may be an argument a victim could utilize to gain leverage in insurance negotiations or during a personal injury trial.
Connect with a Hamilton County Failure to Yield Accident Attorney
Seeking damages is often intimidating for those unfamiliar with the practice and procedure of insurers and the civil justice system. Thankfully, legal counsel could stand up for your rights, measure your losses, and spend time pursuing your claim.
A trusted legal advocate could take the stress out of a lawsuit so you are able to focus on recovery and getting your life back on track. Get in touch with a Hamilton County failure to yield car accident lawyer soon to discuss your case and how you may be able to obtain a favorable resolution.
