We have all seen people who drive like they own the road. There are few things more frustrating (or dangerous) than coming across a driver who blatantly cuts you off—even when you are the one that has the right-of-way.
In Virginia, a driver is legally liable for an accident caused by their improper failure to yield the right-of-way. In this article, our top-rated Hampton Roads car accident lawyer explains the most important things you need to know about failure to yield collisions.
Virginia Law: Failure to Yield the Right-of-Way Crashes
The ‘right-of-way’ is a rule that governs most intersections and merges in the United States. The driver who has the right-of-way has the legal authority to go forward or to fill a space—all of the other people need to wait their turn. Under Virginia law (Code of Virginia § 46.2-863), failure to yield the right-of-way may be classified as a form of reckless driving. Some specific examples of failure to yield include:
- A motorist merging into a highway in front of another vehicle;
- A motorist making a left-hand turn before the intersection is open;
- A motorist making a right-hand turn into the way of a cyclist or a pedestrian; and
- A motorist running a red light or a stop sign.
In certain circumstances, drivers that failed to yield will be issued a traffic citation. However, even if no ticket was issued, an injured victim still has the right to bring a civil claim against a driver who caused a crash because of improper failure to yield. If you were injured in a crash with another driver who failed to yield—whether they were entering a highway or simply speeding through an intersection—you should take action to preserve your legal rights.
Major Accidents Require a Comprehensive Investigation
Failure to yield collisions always require a detailed investigation. While some of these accidents are clear-cut, many of them are deeply complex. As Virginia is one of the few jurisdictions that still operates under a contributory negligence standard, it is crucial that you consult with an experienced attorney as soon as possible after a serious failure to yield crash. Being held partially responsible for your own accident can prevent you from bringing a personal injury claim at all. Your lawyer can investigate the case and secure all of the evidence needed to prove liability.
Injured Victims Deserve Full and Fair Financial Support
Under Virginia law, claimants can seek financial compensation for both monetary and non-monetary losses. Unfortunately, even when liability is clear, insurance companies are rarely eager to pay out full and fair settlement offers. Instead, they are interested in protecting their own bottom line. At Barney Injury Law, our Virginia Beach car accident lawyer knows how to help clients maximize their financial support. Depending on the specific circumstances of your failure to yield crash, you may be eligible to recover compensation for:
- Emergency medical treatment;
- Other healthcare bills and expenses;
- Physical therapy;
- Mental health counseling;
- Lost wages;
- Diminished earning capacity;
- Pain and suffering;
- Permanent impairments; and
- Wrongful death.
Get Help From Our Hampton Roads Auto Accident Attorney Now
At Barney Injury Law, our Virginia car accident lawyer is a strong and results-focused advocate for victims. Do not go through the claims process alone. If you or your family member was hurt in a failure to yield collision, we are here to help. For a free, completely confidential case evaluation, please contact our legal team today. We serve communities throughout the Hampton Roads region, including in Virginia Beach, Newport News, and Norfolk.