Birmingham Failing to Yield Motorcycle Accident Lawyers
A person’s right to turn or move through intersections is known as the right-of-way (sometimes abbreviated as ROW). Article 5 of Chapter 5A of the Alabama Code is dedicated to the right-of-way and failing to recognize another person’s right-of-way is known as failing to yield.
Failure to yield is a traffic offense in Birmingham punishable by a $20 fine plus $170 in costs ($190 total), but failure to yield to an emergency vehicle is punishable by a $50 fine plus $170 in costs ($220 total). Repeat violations can lead to a possible license suspension; however, the more immediate consequence of a failure to yield is usually a motor vehicle accident.
Did you or a loved one suffer severe injuries in a car accident caused by another driver’s failure to yield in the Birmingham area? If so, do not hesitate to hire a skilled Birmingham personal injury attorney to represent you and ensure that you get the full compensation you deserve.
Do I Need A Lawyer if a Motorist Failed to Yield?
You may think that another driver was clearly at fault for your motorcycle accident, but you should not be surprised when the other driver’s insurance company sees things differently. Some insurers are prepared to dig in their heels and argue that you were at fault for your injuries, but an attorney will be able to help protect your rights.
A lawyer will be able to conduct an independent investigation into your accident, allowing them to verify that failure to yield was the actual cause. An attorney will collect all evidence demonstrating the cause and identify all liable parties.
The negligent driver’s insurance company is going to try to contact you shortly after your crash. You should generally avoid speaking to them, and you will certainly want to avoid providing any recorded statements, which are often traps designed to get victims to unknowingly say things that harm their cases.
It is also possible that an insurance company will offer you a lump sum settlement to resolve your case, and you need to think long and hard about the potential consequences of accepting the offer. Most initial settlement offers are only enough to cover existing bills. They rarely account for future expenses that victims will have to pay out of their own pockets.
Why Choose Farris, Riley & Pitt, LLP To Handle My Case?
Farris, Riley & Pitt, LLP has obtained multiple verdicts and settlements in excess of $1 million for our clients. We have been serving clients in Birmingham and throughout Alabama for more than two decades.
Kirby Farris and Ken Riley, both lifelong Alabama residents living in Birmingham, are committed to helping Alabamians with injury claims. Mr. Farris earned his undergraduate degree from the University of North Alabama and his Juris Doctorate from Birmingham School of Law. Mr. Riley earned his business degree at the University of Alabama and a Juris Doctor degree from Samford University’s Cumberland School of Law.
Mr. Farris and Mr. Riley are both admitted to the United States District Court for the Southern District of Alabama, United States District Court for the Middle District of Alabama, United States District Court for the Northern District of Alabama, and Alabama Supreme Court. They are both members of the Alabama Bar Association, American Bar Association, and Birmingham Bar Association.
Farris, Riley & Pitt, LLP will work toward a settlement that covers every single expense of yours, but we will always prepare your case for trial if a fair settlement does not occur. All of this is done on a contingency fee basis, meaning that you will only pay when you obtain a financial award.
Types of Failing to Yield Accident Cases We Handle
As noted above, Alabama has several laws relating to right-of-way. Examples of failure to yield violations that can cause traffic accidents include:
- Vehicle approaching or entering intersection, Alabama Code § 32-5A-110 — When two vehicles approach or enter an intersection at the same time, the driver on the left must yield the right-of-way to the driver on the right.
- Vehicle turning left, Alabama Code § 32-5A-111 — Drivers intending to turn left within intersections or into alleys, private roads, or driveways must yield the right-of-way to any vehicle approaching from the opposite direction.
- Vehicle entering stop or yield intersection, Alabama Code § 32-5A-112 — Every driver approaching a stop sign must stop at a clearly marked stop line. If there is not one, the driver must stop before entering the crosswalk or at the point nearest the intersecting roadway. This allows the driver a view of approaching traffic before entering the intersecting roadway so they can yield the right-of-way to any vehicle in the intersection or approaching on another roadway. The vehicle driver approaching a yield sign must slow down to a reasonable speed and stop, when necessary, before entering the crosswalk or the point nearest the intersecting roadway where the driver has a view of approaching traffic and yielding the right-of-way to any vehicle in the intersection or approaching another roadway. If a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, the collision will be deemed prima facie (Latin for “at first face” or “at first appearance”) evidence of failure to yield right-of-way.
- Vehicles entering the highway from private road or roadway, Alabama Code § 32-5A-114 — Drivers about to enter or cross roadways from any places other than other roadways must yield the right-of-way to all vehicles approaching on the roadways to be entered or crossed.
- Operation of vehicles on approach of authorized emergency vehicles, Alabama Code § 32-5A-115 — Drivers must yield the right-of-way and immediately drive to where they are on the right-hand side of the roadway, clear of any intersection upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp and audible signal. Drivers must stop and remain in such position until authorized emergency vehicles have passed.
- Highway construction and maintenance, Alabama Code § 32-5A-116 — Drivers must yield the right-of-way to authorized vehicles or pedestrians engaged in work upon highways within any highway construction or maintenance areas indicated by official traffic-control devices. Drivers must also yield the right-of-way to any authorized vehicles engaged in work upon a highway whenever the vehicle displays flashing lights.
Failing to yield accidents may cause a number of very serious injuries. People face not only medical bills stemming from lengthy terms of hospitalization but also lost wages from an inability to return to work.
Injuries individuals could suffer in failure to yield accidents include, but are not limited to:
- Neck injuries
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Muscle strains
- Internal organ injuries
Failing to yield can also result in fatal injuries. Such a fatality may constitute a wrongful death that allows family members to recover compensation.
Frequently Asked Questions (FAQs) About Failing to Yield Accidents
Below are some questions we get from clients frequently regarding failing to yield accidents. We hope you’ll find the information useful. If you would like to discuss your particular case, feel free to reach out to our experienced Birmingham car accident attorneys at Farris, Riley & Pitt, LLP by calling (205) 324-1212.
What should I do if I am involved in a failure to yield accident?
The first thing any person should do after a motor vehicle accident is to go to a hospital. Medical attention is critical so a person can be sure that all injuries are properly treated, but also so a medical record demonstrating proper care is created. At the scene of your crash, try to take pictures of everything involved, including the vehicles, the people, and especially any applicable traffic signs. When people saw your crash, ask them for their names and phone numbers. Make sure that the first person you speak to about your accident is a lawyer.
What is contributory negligence?
Contributory negligence prohibits a plaintiff from recovering any damages when their own negligence contributed in any way to an accident. In other words, a person who is only 1% at fault will have no legal recourse against the party 99% at fault in Alabama. Only four other states recognize this affirmative defense, and it is the primary reason that you do not want to speak to any insurance company because it is essentially the first thing an insurer will be seeking to get you to admit.
What kinds of compensation can I be entitled to for a failure to yield accident?
Not all failing to yield cases end in settlements. Some cases do go to court, and people involved in such cases can be awarded compensatory damages, which are usually a combination of economic damages and noneconomic damages. Economic damages are the actual costs a victim has incurred or will incur, while noneconomic damages are far more subjective. Medical expenses, lost wages, and property damage are common economic damages. Noneconomic damages could include disfigurement, pain and suffering, or loss of consortium. Punitive damages are also possible but are very rare in failure to yield cases.
Alabama Failing to Yield Accident Statistics
According to the 2017 Crash Facts from the Alabama Department of Transportation (ALDOT), failure to yield the right-of-way was the most common cause of any cause listed with 23,304 of the 156,993 total crashes. Failure to heed a sign, signal, or officer caused 5,920 accidents.
The 2016 Crash Facts reported that failure to yield the right of way was again the most common cause of any cause listed with 23,329 of the 155,907 total accidents. Failure to heed a sign, signal, or officer caused 5,815 crashes.
In the 2015 Crash Facts, failure to yield the right-of-way was also the most common cause of any cause listed with 21,684 of the 147,452 total crashes. Failure to heed a sign, signal, or officer caused 5,547 accidents.
The Insurance Information Institute (III)reported that failure to yield the right of way was the cause of 3,659, or 7%, of fatal motorcycle accidents in 2016. Another 2,064 fatal motorcycle accidents, or 4%, involved failure to obey traffic signs, signals, or officer.
Contact a Birmingham Failing to Yield Motorcycle Accident Attorney Today
If you sustained serious injuries or your loved one was killed in a motor vehicle accident caused by another driver failing to yield in Alabama, get help right away. Contact Farris, Riley & Pitt, LLP as soon as possible so you can get justice.
Our firm understands all of the costs that an accident can take on a victim and their family, which is why we always operate with the needs of our clients in mind. Our firm can examine your case as soon as you call (205) 324-1212 or contact us online to take advantage of a free consultation.