Failure to yield is the second-most cited moving violation in Georgia, behind following too closely, and represents a significant cause of serious injury accidents throughout Atlanta. Failure-to-yield accidents is one of the leading causes of accidents across Atlanta and the entire state of Georgia. These accidents commonly occur at intersections with traffic control devices, during left turns into oncoming traffic, when vehicles enter roadways from parking lots or driveways, and in scenarios involving pedestrians and cyclists at crosswalks. Atlanta had over 32,000 traffic accidents in 2023, with intersection-related crashes representing a substantial portion of these incidents.

The complexity of failure to yield cases extends beyond simple traffic violations to encompass various related subtopics that can significantly impact personal injury claims. These include intersection accidents involving traffic signal violations, improper left turn collisions, pedestrian right-of-way violations, and accidents at yield signs or uncontrolled intersections. Failure to yield accidents are some of the most common causes of fatalities at intersections, based on statistics from the National Highway Traffic Safety Administration (NHTSA). Each scenario presents unique liability considerations that can affect the strength and value of a personal injury claim, particularly given Georgia's comparative negligence laws that may reduce compensation based on the injured party's contributory fault.

Legal Rights and Considerations

Georgia law establishes clear statutory obligations regarding right-of-way through several key provisions. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed under O.C.G.A. § 40-6-73. Additionally, Georgia Code § 40-6-71 requires drivers making left turns to yield to oncoming traffic that poses an immediate hazard.

Georgia follows the doctrine of Modified Comparative Fault in personal injury cases. Under Georgia law, a claimant must be less than 50% at fault to qualify for compensation. The plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. This modified comparative negligence system reduces damage awards proportionally to the plaintiff's percentage of fault, making the establishment of the defendant's greater responsibility crucial to recovery.

The statute of limitations for personal injury claims in Georgia, including car accidents and wrongful death, is two years. This period starts from the date of the injury or the occurrence of death. Failure to file within this timeframe typically results in permanent loss of the right to pursue compensation through the legal system.

Insurance considerations in failure to yield cases often involve liability coverage disputes, uninsured/underinsured motorist claims, and coverage limitations. Georgia does not require uninsured motorist coverage, though it is recommended given the frequency of uninsured drivers in accidents. Available compensation may include medical expenses, lost wages, pain and suffering, property damage, and in cases involving permanent disabilities, future medical costs and diminished earning capacity. In wrongful death cases arising from failure to yield accidents, surviving family members may recover for the full value of the decedent's life and funeral expenses. An experienced Atlanta failure to yield accident lawyer will handle all aspects of the legal claim.

Failure to yield can be a cause of all kinds of injury accident claims. Click the links below to get information from an experienced attorney for accidents and injuries including:

• Atlanta car accident attorney;
• Atlanta pedestrian accident attorney;
• Atlanta motorcycle accident lawyer;
• Atlanta truck accident lawyer;
• Atlanta  bicycle accident attorney;

Related Resources

Local Courts:

• Fulton County Superior Court
  • 185 Central Avenue SW, Atlanta, GA 30303
• DeKalb County Superior Court
  • 556 N McDonough Street, Decatur, GA 30030
• Fulton County State Court
  • 185 Central Avenue SW, Atlanta, GA 30303
• Atlanta Municipal Court
  • 104 Peachtree Street SW, Atlanta, GA 30303

Support Services for Accident Victims:

• Georgia Division of Victim Services
  • Phone: (404) 657-1956
• Georgia Legal Aid
  • Phone: (833) 991-GALA (4252)
• Atlanta Area Chapter of the American Red Cross
  • Phone: (404) 575-3109
• Georgia Department of Transportation (GDOT) Crash Reports
  • Available online at www.buycrash.com

Legal Resources:

• Georgia Motor Vehicle Laws: O.C.G.A. Title 40
  • Available at: www.legis.ga.gov
• Georgia Uniform Rules of the Road: O.C.G.A. §§ 40-6-1 through 40-6-395
• Georgia Department of Driver Services
  • Phone: (678) 413-8400
• State Bar of Georgia Lawyer Referral Service
  • Phone: (404) 527-8700

Return to the Atlanta accident statistics information page