Failure to yield the right of way is one of the most common reasons for car accidents and pedestrian injuries.

In most cases, a failure-to-yield accident happens due to decision errors or reckless behavior — up to 94% of crashes are attributed to driver performance and mistakes. Such errors may include:

• Impatience
• Speeding or driving at excessive speeds according to the weather or road conditions
• Not paying attention to the road ahead due to internal or external distractions
• Uncertainty about who has the right of way and taking a chance rather than using caution
• Performing an illegal maneuver like an unsanctioned U-turn
• Miscalculating the speed and distance of oncoming vehicles
• Falling asleep at the wheel

What Percentage of Failure-to-Yield Accidents Are Fatal?

According to the Insurance Information Institute (III), nearly 7% of fatal accidents occur due to right-of-way violations. Pedestrians are particularly vulnerable to failure-to-yield accidents.

Drivers often make turns without checking if a pedestrian is using a crosswalk or sidewalk at an intersection or parking lot entrance. Sometimes there is a lack of walkable or bikeable pathways, forcing a pedestrian to move onto the road.

The faster a vehicle is going, the more likely a person on foot or a bike will suffer fatal injuries. At 20 mph, a pedestrian’s risk of dying after being struck by a vehicle is 5%; at 50 mph, it is nearly 100%.

Despite improvements to crosswalks and other pedestrian infrastructure, fatalities and injuries for people on foot have continued to rise as drivers fail to yield to the most vulnerable on the road.

What Does Georgia Law Say About Failure-to-Yield Accidents?

Unsure what to do at a left turn, roundabout, or highway merge lane? The Georgia Code explains in detail when and where drivers must yield. A driver who violates the right of way and crashes into a person or another vehicle may receive a citation, penalty, and fine.

If you are injured by a driver who failed to yield, you may have the right to pursue a personal injury claim for the damages and pain you suffered in the crash. The statute of limitations allows a person to file a personal injury claim after an accident up to two years from the date of the accident. But it is best to consult with an injury lawyer about your rights as soon as possible.

Talk to a Failure-to-Yield Accident Attorney

If you or someone you know was struck and injured by a driver who failed to yield, don’t delay in seeking legal counsel. Our experienced Atlanta personal injury lawyers can review your case and help you decide on the next steps to take.

Medical treatment for severe car accident injuries is expensive and time-consuming; by hiring an accident lawyer, you are more likely to receive triple the amount of compensation from the insurance company than by trying to pursue a case by yourself.

At Gary Martin Hays & Associates, we understand the difficulties that come with a failure-to-yield car accident. We can help retrieve your accident report, gather evidence, and protect your rights from the insurance company’s underhanded tactics.

Contact us today to discuss your case for free.