When a driver fails to yield the right-of-way, severe consequences could result—not only for the at-fault driver but also for everyone involved in an accident. Furthermore, pedestrians and emergency vehicles always have the right-of-way, and when an accident involving either, it can become catastrophic.
If you were a pedestrian or in a motor vehicle and have suffered injuries due to another driver’s negligence, a Louisville failure to yield accident lawyer could help you recover compensation for your losses.
Contact the team at Ben Crump Law, PLLC, today at (800) 598-7557 for a free consultation. We want to make sure that you do not suffer further injuries. We work on a contingency fee basis, so we do not receive payment unless we win a settlement or court award for you.
Yielding the Right-of-Way
According to the Kentucky Transportation Cabinet, failure to yield the right-of-way adds three demerit points to your license in Kentucky—four if it involves an emergency vehicle. KRS § 189.330 outlines the laws regarding turning and right-of-way at intersections. Yielding the right-of-way consists of the act of slowing to a safe speed to merge into traffic or stopping to allow a person or driver to continue along their route.
Some right-of-way rules include:
- Preferential right-of-way: Usually posted signs or bold painting on the road typically found on a highway on- or off-ramp and intersections.
- Left turns: When making a left-hand turn from a multi-directional intersection, a driver must yield to oncoming traffic and pedestrians. When a left turn requires a driver to cross oncoming traffic lanes to enter a driveway or street, they must also yield.
- Stoplight malfunction: State law treats stoplight malfunctions like a four-way stop, with each car yielding to the vehicle on the left and always to pedestrians.
- Emergency vehicles: All drivers must yield to an approaching emergency vehicle. These include police cars, ambulances, wreckers, and any other vehicle described by KRS § 189.910.
Failure to yield to other drivers is a type of aggressive driving. Common negligent acts that drivers commit that cause a failure to yield accident include:
- Driving under the influence: This could involve a drunk driver or a driver on medications or other drugs. These substances impair the driver’s judgment and could cause visual impairment.
- Distracted driving: A driver might ignore the road when they text or talk on a cell phone, eat or drink, read, or daydream behind the wheel. According to a study published by the American Academy of Pediatrics, nearly half of high school students texted while driving during the 30 days before the survey.
- Inexperienced drivers: According to the Centers for Disease Control and Prevention (CDC), inexperienced drivers may not understand all the rules regarding yielding the right-of-way. If they make a mistake, it could lead to a catastrophic accident.
For a free legal consultation with a failure to yield accidents lawyer serving Louisville, call 800-598-7557
How a Failure to Yield Accident Lawyer Can Assist You
The team at Ben Crump Law, PLLC, is here 24/7 to answer your call. Our Louisville failure to yield accident lawyers want to make sure that you suffer no further injuries. We wish to advise and navigate your case to get the compensation you deserve for your damages. We can also investigate your claim while you heal, gathering the evidence you need to support your case.
Call Ben Crump Law, PLLC, today to get started on your case. The call is free, the initial consultation is free, and you will not pay any attorney’s fees unless we win your case.
Negotiating with Insurance Companies
You will have to deal with insurance companies, and they want to find ways to lower the cost of pending claims. We have years of experience dealing with insurance adjusters and know how to negotiate on your behalf. You should never give a statement to an insurance adjuster because they can—and usually will—use your words against you.
Navigating No-Fault Laws
Kentucky is a “no-fault” state, but it also allows drivers to opt-out of this type of insurance, which protects a driver from being sued. No-fault also means that you must file a claim with your insurance company for damages for a car accident by law. The complexities of this law can create a lot of confusion, so you might want to hire an attorney. We can investigate and figure out how your case fits into these laws. We can also see if any exemptions to no-fault claims apply to your situation.
Kentucky Statute of Limitations
KRS § 304.39-230 establishes a two-year statute of limitations after your personal injury protection (PIP) coverage runs out to file a lawsuit. However, this statute has different exemptions, depending on the factors of your case. With the assistance of a Louisville failure to yield accident lawyer, they can make sure that you file within the limitations based on your case. For example, if your accident involves a government vehicle, a different time limit applies, and you must follow different protocols to file a claim.
Pure Comparative Negligence Law
KRS § 411.182 provides that even if you share some responsibility for the accident, you can still recover awards for your losses. Even if you are 99 percent at fault, you could receive an award for the remaining one percent. However, an attorney can compile evidence to limit how much fault a court assigns to you for a failure to yield accident. They understand how to negotiate terms and file counterclaims regarding comparative negligence.
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Awards You Could Receive
You might find it challenging to calculate your damages on your own. A Louisville car accident attorney can get help from economists and medical professionals to make sure we calculate the full amount of your damages, so we have the proper base for starting negotiations.
Personal injury claims generally award economic and non-economic damages.
- Economic damages include medical expenses, lost income, prescription costs, property damage, and other expenses for which you have documentation (e.g., bills, invoices, or insurance explanation of benefits statements).
- Noneconomic damages include loss of consortium, pain and suffering, and other intangible losses that don’t come with a bill or invoice.
What you could receive depends on the factors of your case.
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Contact a Louisville Failure to Yield Lawyer Today
Do not be intimidated by insurance adjusters or the unknown factors that present themselves in your case. Let a Louisville failure to yield accident lawyer review your case and help you fight for the justice and compensation you deserve.
Call Ben Crump Law, PLLC, today at (800) 598-7557 for a free case review with a team member. We have won millions for our clients in personal injury lawsuits, and we want to help you, too. There is no upfront fee, and you will not pay any attorney’s fees unless we win a settlement or court award.
Call or text 800-598-7557 or complete a Free Case Evaluation form