Birmingham Failure to Yield Truck Accident Attorneys
Alabama drivers approaching stop signs, traffic lights, or yield signs are expected to yield the right-of-way to other motor vehicles, bicyclists, and pedestrians. Failure to yield is a common cause of automobile accidents in the Birmingham area. These crashes often end up being far more severe when the negligent or reckless driver happens to be operating a commercial truck.
There could be various reasons why a truck driver may have failed to yield the right-of-way. The bottom line is that any commercial truck driver who fails to yield the right-of-way is typically considered at fault for an accident. The driver and the trucking company, as well as other possible parties, could all be liable for money damages to the victim.
If you or a loved one suffered serious injuries in an accident caused by a truck driver’s failure to yield in Birmingham or elsewhere in Alabama, an experienced truck accident lawyer will be crucial to helping you recover the compensation you’re owed. Farris, Riley & Pitt, LLP has a record of success that includes $1.45 million recovered for the client after injuries sustained in a trucking accident.
Our firm is committed to helping you obtain the compensation to which you are entitled. Call (205) 324-1212 or contact us online to schedule a free consultation.
Do I Need an Alabama Failing-to-Yield Lawyer?
When you are hit by a commercial vehicle, the relevant insurance company or companies can be very aggressive in their attempts to limit their losses. Thus you should never sign any paperwork or provide any statements with these insurers until you have legal representation or agree to any quick, lump-sum settlement.
You will want an attorney on your side for a failing-to-yield case, or indeed any personal injury claim, because of their negotiating skills. They are going to be able to negotiate a fair and full settlement than far exceeds whatever you might be offered by an insurance company on your own. A Birmingham personal injury attorney with a solid command of the law is also in a position to determine if the truck driver and the employer complied with federal and state safety regulations that apply to the transportation industry.
When the insurer fails to provide an acceptable settlement, your attorney can file a lawsuit to take your case to trial.
Why Choose Farris, Riley & Pitt, LLP To Handle My Failing-to-Yield Case?
Farris, Riley & Pitt, LLP was founded by Birmingham residents Kirby Farris and Ken Riley, both of whom were born and raised in Alabama. Our firm has recovered over $200 million for our clients and has provided dedicated legal services to the Alabama community for more than two decades, which includes supporting many prominent local charities.
We will conduct a thorough accident investigation to determine what happened and identify the parties potentially responsible for your injuries. With that data, we will build a strong claim on your behalf and handle the details and procedures from there, including negotiating with trucking and insurance companies and pursuing litigation when necessary. Indeed, Farris, Riley & Pitt, LLP prepares every case as if it will go to trial to strive for the best possible outcome.
Farris, Riley & Pitt, LLP handles cases on a contingency fee basis. You only pay legal fees after you receive a financial award through a settlement or a court ruling.
Types of Failing-to-Yield Cases We Handle
A failure to yield usually involves a driver who doesn’t concede the right of way to another motorist at an intersection. In general, some of the most common kinds of failing-to-yield accidents include:
- Failing to yield at traffic lights
- Failing to yield to emergency vehicles
- Failing to yield from private drives or parking spaces
- Failing to yield when merging
- Failing to yield to oncoming vehicles when turning left on a green light
- Failing to yield to pedestrians
The reasons for a failure to yield vary depending on the circumstance. In some cases, truck drivers are simply impatient or misjudged the movements of other vehicles.
In other cases, there could be factors that further add to a trucking company’s liability on behalf of an employee. Texting while driving a commercial truck, for example, is a violation of both federal and Alabama law.
Additionally, some accidents could result from truck drivers operating a commercial vehicle while they were under the influence of drugs or alcohol. Truck drivers are subject to a stricter blood alcohol concentration (BAC) limit than passenger vehicle drivers. In Alabama, the legal limit for commercial drivers is 0.04 percent as opposed to 0.08 percent for those driving personal vehicles. A DUI conviction could be used as evidence in a civil case against the truck driver and that driver’s employer.
You will want to hire an attorney in your case as soon as possible so they can quickly commence a thorough investigation into the failure-to-yield crash and gather all of the evidence needed to prove a truck driver’s negligence or wrongdoing.
While failure to yield might be easy to prove in some scenarios, it might not be an open-and-shut case in others. There are instances in which insurers may try to argue that the victim was at fault. This is another reason for retaining a lawyer as your dedicated advocate.
Frequently Asked Questions (FAQs) About Failing to Yield
Here are some frequently asked questions about failure-to-yield accidents and how to proceed if you are involved in one. To discuss the specific details of your claim, call us today at (205) 324-1212 or reach out to us online.
If the insurance company is offering me a lump sum amount to resolve my case without going to court. Is it a good idea to take it?
An insurer is offering you money in hopes of closing out the case quickly, but also at a minimal cost. Whatever you are being offered, accordingly, is likely only a fraction of what you are actually entitled to after a failure-to-yield accident. Many people can be blindsided by the bills they are currently facing and will assume a settlement is satisfactory if it covers all the immediate costs. You shouldn’t ignore the often-significant future expenses relating to your injuries, however.
Accepting a quick settlement offer means that you are releasing an at-fault party from any future liability. And you will have no legal recourse when the settlement funds have been exhausted, but you still have bills to pay. An experienced failure-to-yield lawyer can determine what your case is worth and then negotiate a far more just settlement to potentially cover all of your past, present, and future expenses.
If a driver is cited for failure to yield but is not convicted, can they still be held civilly liable?
Yes. Prosecutors who are assigned traffic violation cases have to prove a defendant’s guilt beyond a reasonable doubt, the highest possible legal burden. With a civil action, a plaintiff, i.e., the injury victim, only needs to prove the at-fault party’s negligence the lesser standard of a preponderance of the evidence. This is effectively the equivalent of as little as a featherweight on one side of the scale of justice.
Even when a truck driver avoids the consequences of a failing-to-yield ticket in traffic court, they could still be held civilly liable in a personal injury lawsuit given enough evidence to prove their negligence.
What kinds of damages could I be entitled to after being hurt in a failing-to-yield accident?
Most failing-to-yield cases never make it to courtrooms because insurance companies are extremely reluctant to pay legal bills. Some cases may end up having to go to court rather than settling, however, and victims who are successful at trial can receive compensatory damages. These damages usually consist of some combination of economic damages awarded for tangible costs and noneconomic damages that relate to more subjective types of harm. These include:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
Subject to a cap, punitive damages are another potential source of court-ordered compensation damages that require clear and convincing evidence. There must be proof that the at-fault party consciously or deliberately engaged in oppression, fraud, wantonness, or malice, which can be difficult to prove in a case that involves a failure to yield.
Contact a Truck Accident Failure to Yield Attorney in Birmingham
Did you or a family member sustain severe injuries or caused by a truck driver’s failure to yield in Birmingham, in Jefferson County, or elsewhere in Alabama? Our Birmingham truck accident attorneys at Farris, Riley & Pitt, LLP believe that no Alabama resident should ever suffer financial hardship after being injured through no fault of their own. We’re committed to helping families and individuals across Alabama through difficult events.
Call (205) 324-1212 or contact us online to set up a free consultation. In the meantime, check out our client testimonials page.