The rules of the road are designed to protect everyone on the road. When driving, everyone has a responsibility to operate their vehicle with care and to obey the rules. This is particularly true of the drivers who pilot large, heavy trucks. If they fail to observe a yield sign while they are driving, the result can be a disastrous accident for everyone involved.
If you were injured in an accident caused by a trucker’s failure-to-yield the right-of-way, you may be entitled to compensation for your injuries. The experienced Charlotte truck accident attorneys of DeMayo Law Offices have handled truck accident claims and cases for decades and are here to help you. Don’t try to file your claim or negotiate a settlement with the insurance company on your own; studies have shown that your settlement will be as much as three times larger if you have an attorney on your case.
Don’t wait. Contact the compassionate truck accident lawyers of DeMayo Law Offices right away by calling (704) 333-1000. We can set up a free consultation with one of our attorneys who will talk with you about your case and your possible compensation.
Different Types of Failure-to-Yield Accidents in Charlotte
One of the basic safety practices that helps keep all vehicles on the road safe is to “yield” properly. Truckers, like all drivers, must come to a complete stop at a stop sign and yield to oncoming traffic to avoid accidents. Yielding is required when entering a highway from an on-ramp. When a truck driver ignores or fails to see a traffic sign, or fails to yield properly, the collision that results can be catastrophic.
Some common “failure-to-yield the right-of-way” accidents involving trucks are:
- Highway merging. Trucks are much bigger than cars and require more distance and time to accelerate, so when they merge onto highways with incoming traffic, they need to be especially careful. When trucks merge and don’t give cars enough time to slow down or change lanes, accidents can happen.
- Stop and yield signs. Trucks that roll through stop signs or ignore yield signs can be especially dangerous for passing vehicle traffic.
- Left turn intersections. When trucks fail to yield or run a red light to make a left turn, oncoming traffic can slam into the truck.
Common Injuries in Failure-to-Yield Accidents
A loaded semi-truck can weigh as much as eighty thousand pounds, and accidents with three-thousand-pound passenger vehicles can be tragic. Besides physical injuries and damage to vehicles, victims often suffer from post-traumatic stress syndrome and other psychological trauma after this type of accident.
Listed below are some of the types of injuries failure-to-yield accidents can cause:
- Broken bones
- Deep bruises
- Cuts and lacerations
- Paralysis and severe spinal cord injuries
- Back, neck, and shoulder injuries
- Head injuries
- Traumatic brain injury
- Injuries to the extremities
- Facial disfigurement
- Wrongful death
Failure-to-yield accidents are generally the result of unsafe driving practices by the truck driver. If you were injured in an accident of this type, through no fault of your own, you are likely entitled to compensation.
Why Do Failure-to-Yield the Right-of-Way Accidents Happen?
Given the training and experience of most professional truck drivers, many people wonder why so many failure-to-yield the right-of-way accidents happen in North Carolina every year. Following simple rules of the road like coming to a complete stop or merging correctly into oncoming traffic is expected of professional drivers. Failure to perform these routine acts safely is usually negligence on the driver’s part.
Below are some typical reasons failure-to-yield truck accidents happen in North Carolina and around the United States:
- Driver intoxication. Like all drivers on the road, truckers have no excuse for being inebriated or under the influence of drugs while driving. Being intoxicated can severally inhibit reaction time and make drivers susceptible to sloppy merging or failing to see road signs. Drivers who drive under the influence and cause accidents are liable for the injuries and damages.
- Fatigue. Truck drivers put in long hours and being tired from time to time could be expected. But truck drivers must limit their hours according to the Hours of Service guidelines promulgated by the Federal Motor Carriers Safety Administration (FMCSA). Dozing off for a few seconds can cause trucks to drift or roll through a stop sign and into a zone where they should have yielded. Sometimes this can be enough to cause a horrendous accident.
- Distracted driving. Drivers may not text or use any device other than one that requires just one push of a button. Eating, grooming, and reaching for the radio can be extremely dangerous. It only takes a split second of being distracted and taking eyes or mind off the road for an accident to occur. Distracted driving can easily lead to a failure-to-yield accident.
- Vehicle failure or poor vehicle maintenance. Sometimes a driver tries to stop and does everything right, but the brakes fail or lock up and slide into oncoming traffic. In cases like this, the truck driver may not be to blame for the accident. A number of players are involved in commercial trucking, from the manufacturer of the truck and trailer to the trucking company, which is expected to provide regular maintenance for the vehicle.
Truckers who drive negligently and injure drivers of passenger vehicles are liable for their actions, and sometimes, so is the company they work for or the manufacturers of the trucks they’re driving. Having the right truck accident attorney on your team to defend your rights and help you navigate the complexities of the legal system is crucial to getting the most out of your claim.
Understanding What to Do After an Accident
If you were injured in an accident with a truck, knowing what steps to take afterward is important. In fact, it can make the difference between getting the maximum amount for your claim or getting a token settlement. Listed below are some steps to take after an accident:
- Get to safety. In the immediate aftermath of an accident, make sure you are okay and get yourself off the road to a safe place. Call 911 or tell someone nearby to call.
- Get the other driver’s info. Get the truck driver’s name and address, his company name, and his company’s insurance information.
- Collect witness names and statements. If your injuries are not too serious, ask witnesses for their names and numbers.
- Request a copy of the police report. When law enforcement arrives on the scene, they will complete a report of the incident. Be sure to ask for a copy.
- Visit a healthcare professional. Even if you think your injuries aren’t serious, visit a doctor or healthcare professional as soon as you can. Some injuries, like back and neck injuries, do not appear to be severe at first but can produce symptoms long after the accident. It will be easier to connect your condition with the accident if you have seen a doctor right after the accident and told them about your physical condition.
- Save all documents. Keep any documents, bills, or papers you receive from doctor visits, ambulance rides, etc. Keep copies of estimates for the repair of your car and for any other out-of-pocket expenses that you incur because of the accident. These documents are crucial to document the money you deserve as compensation.
- Take notes. Begin a journal and take notes on how you feel both physically and mentally after the accident. This could be helpful in court down the road.
- Contact a truck accident attorney. Consult with an expert truck accident attorney in North Carolina to discuss the details of your claim.
FAQs About Failure-to-Yield Accidents in Charlotte
Here are common questions people have about trucking accidents in North Carolina:
Is a lawyer required?
A lawyer is not legally required but is highly recommended whenever you have an accident claim. Because trucking accidents can involve different parties such as the trucking company, the truck manufacturer, and the driver, trucking accident claims tend to be complex. A knowledgeable lawyer can help you understand the challenges of the case, manage communications with the insurance company for you, gather evidence on your behalf, has the resources to investigate the accident, and will increase your chances of obtaining full and fair compensation.
Is a lawyer expensive?
The truck accident attorneys of DeMayo Law Offices work on a contingency fee basis. This means they will only be paid if your case is successful and you recover compensation for your injuries. You pay nothing up front.
How can I calculate my claim amount?
There is no way to know exactly how much your claim is worth at the beginning. Your skilled attorney will consider elements like out-of-pocket expenses, lost wages, pain and suffering, and loss of quality of life. Taking all those factors and the severity of your injuries into account, your lawyer can arrive at a good assessment of what would be a fair amount of compensation for your claim.
Contact an Experienced Truck Accident Attorney in Charlotte
When truckers fail to obey road signs and make mistakes on the road, pedestrians and drivers can be injured or killed as a result. At DeMayo Law Offices we take pride in fighting on behalf of our clients to help them recover fair claim amounts and make their lives whole again. We have over 150 years of combined experience representing truck accident victims in Charlotte.
If you or a loved one has been injured in Charlotte in a failure-to-yield truck accident, contact DeMayo Law Offices today at (704) 333-1000. We’re here to stand up for you.
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