Our experienced Greenville car accident lawyer at Bobby Jones Law explains failure-to-yield accidents in Greenville, SC. Let’s discuss liability and what compensation you can recover.
What Does Failure to Yield Mean Under South Carolina Law?
Yielding means allowing other traffic to go first; a driver can only proceed when traffic is clear, and it’s safe to do so. It doesn’t necessarily mean stopping, but it may require stopping to allow right-of-way traffic to go first.
There are rules of the road that exist for traffic safety. Drivers need these rules to know which vehicle goes first. An important part of traffic flow is requiring vehicles to yield in certain scenarios.
If a driver fails to yield when required, they may be at fault for an accident.
Failure to Yield – A Common Cause of Accidents in South Carolina Law
In 2023, SCDPS reported 30,290 collisions in which failing to yield the right of way was a contributing factor. These collisions resulted in 99 fatalities and 14,852 injuries in South Carolina.
In Greenville County, failing to yield the right of way was the second-leading cause of traffic collisions in 2023 and was listed as the top contributing factor in 3,543 collisions. Only driving too fast for conditions was more common (4,398 times). These two factors alone accounted for 48% of all accidents in the county in 2023.
What Are the Most Common Failure-to-Yield Accident Scenarios in Greenville?
Common failure-to-yield accident scenarios include:
Merging. A driver merges onto a street or highway when traffic is present.
Lane changes. Changing lanes without time and space to do so.
Turning. Turning in front of oncoming traffic.
Pulling into traffic. Entering traffic from a driveway or alley when other vehicles are nearby.
Waving into traffic. A driver waving another vehicle into traffic without the right of way.
Emergency vehicles. Not pulling over for an ambulance or police vehicle.
Pedestrians. Failing to stop for pedestrians.
Failure to yield may occur at an intersection, while merging, or when vehicles are traveling in the same direction.
Who Is at Fault in a Failure-to-Yield Accident in South Carolina?
The party at fault is the party that failed to yield. Fault depends on who has the right of way, which is a factual question.
For example, if there was a green arrow, the turning vehicle isn’t at fault. But if the light was red, and the driver turned left anyway, they are at fault. Witness testimony, dash cams, surveillance video, and other factual evidence can be especially important.
South Carolina Failure-to-Yield Laws
There are many South Carolina traffic laws that require drivers to yield:
Changing lanes. A driver may not change lanes unless they can do so safely (S.C. Code § 56-5-2150).
Intersections. At an intersection, the vehicle on the left yields (S.C. Code § 56-5-2310).
Left turns. Drivers turning left must yield to approaching vehicles in the intersection (S.C. Code § 56-5-2320).
Yield signs. A driver approaching a yield sign must observe it and stop if required (S.C. Code § 56-5-2330).
Entering the roadway. Vehicles entering the roadway must yield to approaching vehicles (S.C. Code § 56-5-2350).
Green lights. Vehicles turning left at a green light must yield the right of way to vehicles and pedestrians lawfully in the intersection (S.C. Code § 56-5-970(A)).
Yellow lights. A yellow light means that the light will soon turn red (S.C. Code § 56-5-970(B)).
Emergency vehicles. Drivers must yield to emergency vehicles (S.C. Code § 56-5-1538(G)).
Road obstructions. Drivers maneuvering around road obstructions must yield to drivers in their proper lane of travel (S.C. Code § 56-5-1818).
Construction and maintenance. Vehicles must yield to road construction and maintenance activities (S.C. Code § 56-5-2370).
The other driver doesn’t need to have received a traffic ticket for you to have a valid claim.
What Happens When Both Drivers Claim the Other Failed To Yield in Greenville?
When both drivers claim the other failed to yield, you must build the evidence. Remember, a party does not share liability for an accident simply because the other driver says so. The investigation can prove who is at fault. An experienced attorney can help you investigate and build the case.
How Does South Carolina’s Comparative Fault Law Affect Your Failure-to-Yield Claim?
Comparative fault is the idea that multiple parties can contribute to an accident. For failure to yield, an example might be when one party merges into traffic but doesn’t see the other vehicle approaching quickly because the other vehicle is speeding.
When comparative fault is a factor, South Carolina uses modified comparative fault. If the person seeking compensation isn’t more than 50% at fault for the accident, they may receive compensation. Their share of fault reduces the amount of compensation they receive.
How Much Compensation Can You Recover After a Failure-to-Yield Accident in SC?
Victims in Greenville, SC, can seek compensation for financial losses, personal suffering, and intangible losses. Most claims are paid through insurance, so the availability of insurance to pay compensation may influence the value of the case.
In Greenville, SC, most claims are filed in the Greenville Circuit Court in the Court of Common Pleas.
What To Do Immediately After a Failure-to-Yield Accident in Greenville
If you’re in a failure to yield accident, stop your vehicle. Be mindful of your immediate safety. Report the accident to law enforcement. Seek prompt medical attention if there is any possibility you are injured.
Because failure-to-yield claims often depend so strongly on the facts, carefully document the accident scene. Do all you can to identify witnesses and collect their contact information. Scan the area for businesses that may have surveillance cameras. Document the accident scene with photos and video. Observe marks on the road, debris, and vehicle damage.
Don’t wait to contact an attorney. They can work quickly to preserve evidence.
Why Greenville Car Accident Victims Need an Experienced Attorney After a Failure-to-Yield Crash
Insurance companies try to minimize compensation. An experienced attorney can fight back and fight for your compensation.
Bobby Jones Law handles failure to yield accidents in Greenville, SC. We represent people seeking compensation.
Call or message us now.
