Failure to Yield Accidents
Our statewide personal injury law firm only handles motor vehicle collision cases. Victims in search of a Raleigh car accident lawyer can rely on the knowledge and dedication of the legal team at Nagle & Associates. We bring decades of experience to our representation of accident victims, having successfully recovered over $290 million in settlements and awards. Most of our cases settle with no need for court involvement. Attorney Carl Nagle formerly worked as an insurance defense attorney and insurance claims adjuster before founding the firm. His experience handling car accident cases from the other side strengthens his ability to overcome common insurance defense tactics and strategies.
Since the staff at Nagle & Associates is exclusively focused on serious motor vehicle collision cases, we are skilled at maximizing settlements and proving the full extent of injuries, including future medical expenses. We have assisted injured individuals throughout North Carolina, including in Winston-Salem, Wilmington, and Asheville.
Pursue Compensation from a Negligent Driver after a Failure to Yield Accident
Failing to yield when appropriate is the most common cause of North Carolina car, truck and motorcycle accidents. All drivers are required to obey the rules of the road and avoid causing foreseeable harm to others. Our statutory traffic laws also require drivers who are turning across opposing lanes of traffic, merging into adjacent lanes, or turning from parking lots or side streets to yield to other drivers. In pedestrian cases, drivers are required to yield to pedestrians in crosswalks, and must always yield to pedestrians when turning right or left at any intersection. Failing to yield when required by law subjects the at-fault driver to legal liability for all property damage and personal injury claims that result from the collision.
When a failure to yield causes a crash, the victim may bring a personal injury lawsuit for economic and non-economic damages. The plaintiff in a successful insurance claim or lawsuit should recover payment for all medical and hospital bills, vocational rehabilitation, lost income from work, pain and suffering, property damage, and all other costs and losses. In many cases, it is important to prove the full extent of medical expenses that the victim will face in the future through the testimony of expert physicians and vocational rehabilitation specialists.
While demonstrating liability in a failure to yield case may appear straightforward, it is necessary to prove that the defendant driver was entirely at fault in order to recover damages under North Carolina law. As a state that maintains a pure contributory negligence doctrine, North Carolina bars car accident victims from the right to financial payment whenever a victim is deemed partly at fault for the underlying accident and resulting injuries.
For example, if the defendant driver was 75% at fault for failing to yield when pulling out of his driveway into traffic and colliding with the plaintiff’s vehicle, but the plaintiff was speeding at the time of the collision and deemed 25% responsible for the accident, the plaintiff will be barred from collecting money damages. Insurance carriers frequently deny victims’ injury claims, and it is important to secure legal advice when facing any claim denial.
One exception to the contributory negligence defense is the “last clear chance” doctrine. This doctrine allows a plaintiff who was partly at fault to recover compensation if it is shown that the defendant had the last clear chance to avoid the accident but failed to do so. A plaintiff may be able to recover the full extent of damages under the last clear chance rule, even if he or she was partly responsible for the accident.
Consult an Experienced Car Accident Lawyer in the Raleigh Area
At Nagle & Associates, Raleigh car accident attorney Carl Nagle understands the devastating impact of a serious motor vehicle collision. As we advocate on behalf of injured individuals in their claims for compensation, we appreciate the importance of providing compassionate, efficient representation. We nail down evidence to confirm collision fault, and we then focus on the medical details to prove how injuries will impact health and quality of life. Unlike other law firms that take a larger percentage of their clients’ recovery, we charge only 25% of a settlement, leaving the victim and their family in a stronger financial position. We strive to build every client’s case and thereby to vastly increase the amount collected for all accident and injury claims. Our objective is to more than cover the cost of our legal fees by securing higher settlements or verdicts than the defending insurance carrier would offer to the unrepresented victim.
Our personal injury practice has helped accident victims throughout the state, including in Wilmington, Asheville, Winston-Salem, Guilford, Hickory, and other communities throughout Forsyth, Wake, Mecklenburg, Catawba, Durham, and New Hanover Counties. Contact our office by calling (800) 411-1583 or using our online form to set up a free consultation with an experienced NC personal injury attorney.