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Failure-to-yield accidents occur when drivers fail to properly yield while driving on a right of way. Examples include running red or yellow lights, not yielding when merging onto a highway, and not yielding at an intersection.

Failure-to-yield accidents are a common cause of car accidents in Georgia. Drivers usually fail to yield based on either their negligence or recklessness.

Common injuries resulting from failure to yield the right of way accidents include:

  • Head injuries, including traumatic brain injuries;
  • Spinal cord injuries;
  • Neck injuries;
  • Broken bones; and
  • Bruises, scrapes, and cuts.

If you have been injured in a failure-to-yield accident in Georgia, you should contact an injury lawyer today.

Georgia Yield Law

Under Georgia law, a driver must yield the right of way to all approaching vehicles when they are about to enter or cross a roadway from a non-roadway. For example, Georgia drivers must yield when:

  • Entering a highway or other street;
  • At four-way stop signs;
  • Arriving at an unmarked intersection at the same time as another driver;
  • Encountering emergency vehicles;
  • Pedestrians are crossing the street in sidewalks; and
  • Making left-hand turns.

You should also use common sense when considering whether to yield while driving.

Succeeding in a Failure-to-Yield Case

Generally, failure-to-yield cases fall into two categories: negligence and gross negligence. Causation is the key element you must prove to receive compensation in a failure-to-yield case.


Most of the time, causing an accident when failing to yield constitutes negligence. To recover damages when injured in a failure-to-yield accident, you must prove that the defendant’s failure to yield actually and proximately caused your injuries.

Proving actual cause requires you to show that but for the defendant’s failure to yield, you would not have suffered the injury. Proving proximate cause requires you to show that your injuries are a foreseeable result of the defendant’s failure to yield. 

Gross Negligence

You can also receive compensation for your injuries when a driver fails to yield due to their gross negligence. Gross negligence involves a more careless failure to yield. The actions of a grossly negligent driver must amount to a conscious disregard for your safety. A court might even award you punitive damages in this type of case.

You should talk to an injury lawyer to find out whether you might be successful in a failure-to-yield case.


In a failure-to-yield case, as in other injury cases, you can recover economic, non-economic, and sometimes punitive damages.

Economic damages include compensation for lost wages, medical expenses, and diminished earning capacity. Non-economic damages include compensation for intangible harms, such as pain and suffering and loss of enjoyment of life. 

Punitive damages are available in cases where the defendant’s conduct was egregious. In Georgia, they are limited to $250,000 unless the defendant acted with a specific intent to harm or was under the influence of drugs or alcohol.

Why You Should Contact an Injury Lawyer

If you have been injured in a failure-to-yield accident as the result of another’s negligence or recklessness, you should contact an injury lawyer as soon as possible. An injury lawyer can determine whether you might succeed in a case and can assess what types of damages you might be able to recover.

Zach Pritchard at Pritchard Injury Firm is a passionate and community-oriented Georgia injury attorney. He understands the frequency of failure-to-yield accidents in the Northwest Georgia area and the effect they can have on an individual and their family. He will strive to get you the compensation you need. Contact Zach and his team today to schedule your free consultation.

Author Photo

Zach Pritchard

Zach Pritchard received his undergraduate degree from Kennesaw State University where he received a degree in Management. Mr. Pritchard continued his educational career and attended John Marshall Law School in Atlanta, Georgia where he received his law degree.

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