A motorist’s failure to yield can cause car accidents that result in serious injuries and property damage. A failure to yield is when a driver does not allow another person on the road to go before them when the other driver has the right of way. Unfortunately, some motorists may be distracted or not paying attention and do not realize they failed to yield until an accident occurs.
If you or a loved one was injured in an accident due to another driver’s negligence, a Murfreesboro failure to yield accident lawyer could help you seek justice for your damages. You may be eligible for compensation for various damages, so contact a skilled car wreck attorney to evaluate your case.
Liability for Failure to Yield Car Accidents
An individual who suffered injuries because a motorist failed to yield the right of way to them may file a negligence lawsuit in Tennessee courts. To win a case, the plaintiff may be tasked with proving three essential elements.
First, the plaintiff must prove that the defendant owed the plaintiff a duty of care. Under Tennessee law, all motorists owe others on the road a duty to drive responsibly and with regard for the safety of others.
Second, the injured plaintiff must prove that the defendant breached this duty. Failing to properly yield the right of way is considered a breach of duty. A defendant does not have to breach the duty intentionally to incur liability. Lastly, the injured plaintiff must prove proximate causation, or that the defendant’s actions were the direct cause of the plaintiff’s injuries.
If the defendant violated a certain legal statute pertaining to the safety of drivers, the plaintiff may be eligible to file a “negligence per se” action. Negligence per se is a legal concept where a defendant may be considered negligent if they violate a safety law intended to prevent the type of harm that resulted from the accident.
Common Damages in Improper Yield Cases
In personal injury cases, an injured plaintiff may recover economic damages and non-economic damages, including:
If a loved one sustained fatal injuries in an accident, a plaintiff may file a wrongful death claim against the motorist. By filing a wrongful death claim, a family member can seek compensation on behalf of the deceased for medical bills related to the accident, funeral bills, the pain and suffering experienced prior to the death, and their lost wages before death.
Moreover, spouses and children may seek compensation for the loss of physical and emotional support that their loved one would have provided them, as well as for the decedent’s “probable future financial accumulations” over their expected lifetime. Speak with a Murfreesboro failure to yield accident lawyer to learn how an attorney could help an injured victim recover damages.
How a Murfreesboro Failure to Yield Accident Attorney Could Help
Establishing negligence is often the most difficult part of a car accident lawsuit. Those injured in failure to yield accidents may have the legal right to compensation for their injuries. If you were injured by a negligent driver, a skilled Murfreesboro failure to yield accident lawyer could review your case and help you pursue a fair compensation for all your damages. Consult with an attorney today by scheduling a free initial consultation.
The insurance company has a legal team. You should too.
