Q: What if the driver did yield & no cars were approaching. But still gets hit from behind after crossing almost out of rd
A:
Most of the time, when one driver is hit by another, the police officer responding to the accident will conclude that the driver who was in back was "following too closely". Therefore, the driver who "rear-ended" the other driver is "at fault". However, this is not always the case, and there are many factors that go into a police officer's decision. For example, OCGA § 40-6-72 states that you must abide by stop signs or yield signs:
"The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. If such a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima-facie evidence of his failure to yield the right of way."
So there are times when you can be rear-ended, but also be at fault.
If you were hurt, I highly recommend that you contact an experienced personal injury attorney. An attorney can investigate fault, and determine whether you have a case. Best of luck!
Tim Akpinar agrees with this answer
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