Failure to Yield OCGA
According to Georgia’s statutes O.C.G.A. §40-6-72, failure to yield often refers to a driver’s failure to yield the legal right-of-way to another vehicle or individual causing an accident. It is the law to yield the right away after coming to a complete stop at a stop sign.
Most motor vehicle cases involve one or more citations issued at the scene of the accident as well as violations of the Uniform Rules of the Road. Since most claims arising out of a motor vehicle accident are based on these rules it is important to understand what rules apply to you when you are on the road.
The following are some other of the Uniform Rules of the Road that may apply:
- Failure to obey traffic control devices (O.C.G.A. §40-6-20)
- Following too closely (O.C.G.A. §40-6-49 the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic and the condition of the highway)
- Speeding (O.C.G.A. §40-6-181 provides various violations for driving at a speed in excess of legal limits)
- Failure to yield entering and crossing roadways (O.C.G.A. §40-6-73 provides that a vehicle about to enter or cross a roadway (other than at an intersection) is required to yield the right-of-way to any vehicles approaching on the roadway to be entered or crossed. In other words, the duty is upon the driver about to enter the roadway not to proceed if doing so would be unsafe or create a hazard of a collision between the vehicles.)
- Failure to yield at an intersection (O.C.G.A. §40-6-70 provides rules governing automobile approaching an intersection at approximately the same time as another automobile, generally providing that the driver to the left is required to yield the right-of-way to the driver of the vehicle on the right. Rarely do two vehicles approach an intersection at exactly the same time, but this law contemplates and places a duty upon the driver on the left to yield the right-of-way to the driver on the right where two vehicles are approaching an intersection at a speed and which would cause the driver of the vehicle on the left to reasonably apprehend or appreciate that a collision would occur unless he or she stops and yields the right-of-way.)
- DUI (O.C.G.A. §40-6-391 generally provides it is unlawful to operate a motor vehicle while under the influence of alcohol or any drug to the extent that it is less safe for the person to drive, or alternatively if the person’s alcohol concentration is 0.08 grams or more within three hours of driving or operating a vehicle, also known as BAC (blood alcohol content). Ted Morgan Law specializes in the representation of drivers arrested for DUI and therefore when handling personal injury claims arising from injuries caused by a drunk or DUI driver, Ted Morgan Law brings expertise to maximize the underlying DUI charges for the benefit of your personal injury claim.
- Texting while driving (O.C.G.A. §40-6-241.2 prohibits the use of mobile phones and other telecommunication devices for texting, e-mail and other similar uses by anyone 18 years of age or older with a Class C Driver’s License.)
- Motorist injury to pedestrian (O.C.G.A. §40-6-93 provides the standard that every driver shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person in the roadway). Where the driver had an opportunity to observe the pedestrian and take evasive action before the collision occurred, these specific duties to avoid a collision, blow the horn, and exercise other precautions may form the basis of a legal claim by the pedestrian when struck by a vehicle in the roadway.
- Failure to Turn On Headlights (O.C.G.A. §40-8-20 provides that every vehicle on the highway at any time from a half-hour after sunset to a half-hour before sunrise and at any time when it is raining or when there is not sufficient visibility to see at a distance of 500 feet ahead, shall display headlights and illuminating devices. The failure to illuminate a vehicle's headlights during the times required by this law may form the basis of a legal claim against the driver if the absence of headlights was the cause of a collision resulting in injuries.
- Use of Cellphone by Drivers under 18 years old (O.C.G.A. §40-6-241.1 makes it unlawful for a driver under 18 years of age to use certain wireless communication devices, including mobile telephones, while operating a motor vehicle on the public highways).
- Head-on collisions (O.C.G.A. §40-6-40(a) provides that all vehicles shall drive on the right side of the roadway except (1) when passing another vehicle traveling in the same direction; (2) when an obstruction makes it necessary to drive on the left side of the road; (3) when driving on a three-lane highway; or (4) when driving on a road restricted to one-way traffic. Therefore, driving on the left side of the roadway without showing that one of the statutory exceptions existed may form the basis of a claim for an automobile collision causing personal injury.
- Reckless driving (O.C.G.A. §40-6-390) prohibits the driving of any vehicle in reckless disregard for the safety of persons or property. The offense of reckless driving, therefore, may be committed in a variety of ways. If you are involved in a traffic accident involving an intoxicated or drunk driver, often times the charges against the other driver are reduced to “Reckless Driving” when the State cannot satisfy its burden of proof in the criminal case.