Failure to Yield

There is a responsibility for every driver to obey traffic laws. This includes yielding to motorists and pedestrians who have the right of way. Unfortunately, many drivers don’t follow the rules of the road. This, in turn, could endanger everyone in their vicinity.

Failure-to-yield collisions are among the most common types of auto accidents.

What Is Failure to Yield?

Yielding means waiting for another driver, motorcyclist, bicyclist, or pedestrian to proceed when they have the right of way or the legal right to move forward with precedence over others.

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What Are Some Examples of Failing to Yield?

Some examples of failing to yield the right of way include:

  • Failure to yield entering a private driveway
  • Failure to yield turning into a parking lot
  • Failure to yield to a pedestrian
  • Failure to yield to bicyclists
  • Failure to yield to a motorcyclist
  • Failure to yield to an emergency vehicle
  • Failure to yield to merging vehicles
  • Failure to yield to traffic signals
  • Failure to yield to pedestrians in crosswalks

What Injuries Can Occur Due to Failure-to-Yield Collisions?

Failure-to-yield crashes often lead to serious and lasting injuries for the driver, passengers, and other parties involved. Although the severity of the injury will depend on the circumstances surrounding the accident, common ailments include:

  • Traumatic brain injuries
  • Fractured bones
  • Whiplash
  • Spinal cord injuries
Florida Law on Failure to Yield

Below are some situations under Florida law on failure to yield:

  • Any driver who enters a public roadway that is not governed by traffic control devices must yield the right of way to oncoming traffic.
  • If two vehicles come into an intersection from different roads at the same time, the driver on the left must yield the right-of-way to driver on the right.
  • Drivers should yield to buses that have signaled and is entering traffic heading in the same direction.
  • If the driver is properly notified of workers and flag persons working on a roadway or construction site, they should yield the right-of-way to the pedestrians.
  • If a driver is turning left in an intersection or into a driveway or alley must yield the right-of-way to oncoming traffic
  • Where a driver is governed by a yield sign, the driver is required to slow down to a reasonable speed and even stop if necessary and yield to pedestrians or oncoming traffic.

Some Factors responsible For Failure to Yield

Here are some driver actions that can cause or contribute to failure to yield type accidents:

  • Speeding
  • Drunk or Impaired Drivers
  • Distracted Drivers
  • Cell Phone Usage
  • Aggressive Driving
  • Texting
  • Sleepy or Drowsy Drivers
  • Reckless Driving
  • Running Red Lights
  • Road Rage
  • Environmental Factors (sun; weather)
  • Poor sight lines
  • Avoiding other drivers
  • Age related (elderly; new drivers)

Failure to yield the right of way, and failure to stay in the proper lane amounted for the third and fourth highest fatal crashes, with a total of about 7,100 drivers, or almost 14 percent of all drivers in fatal crashes exhibiting these behaviors

Failure-to-Yield Causes Many Accidents

According to the National Highway Traffic Safety Administration, more than 3,100 fatal crashes in the country were due to failure to obey traffic signals.

The most common kinds of failure to yield accidents in Florida include:

  • Failure to yield when merging.
  • Failure to yield at a red light.
  • Failure to yield when making a left turn.
  • Failure to yield when moving from a parking lot, parking space or private driveway.
  • Failure to yield to flashing traffic signals.
  • Failure to yield (or move over) for an emergency vehicle.
  • Failure to yield to a pedestrian or bicyclist.
  • Failure to yield at a crosswalk.

In failure-to-yield crashes, at least one driver is almost always negligent, even when there were outside conditions (i.e., inclement weather, overgrown shrubs, etc.). These accidents are largely preventable.

One Killed, One Injured In Cleary Boulevard Crash In Plantation

A 38-year-old woman was killed in an early morning crash that occurred along Cleary Boulevard in the Plantation area of Fort Lauderdale.

Authorities said the incident happened at around 2am when the driver of a Honda Element travelling south on N Pine Island Road merged onto Clearly Boulevard and failed to yield the right of way to the 38-year-old woman who was driving a Toyota Corolla.

The Honda hit the front side of the Corolla and forced the car to hit the guard rail. The driver of the Corolla was pronounced dead at the scene while one of the passengers suffered critical injuries and was transported by paramedics to a local hospital.

The Honda driver was not hurt in the crash. Officials say the crash remain under investigation and did not disclose any further details.

What To Do If You Are Involved In A Failure To Yield Accident

The initial step in pursuing a failure to yield crash is to contact an experienced attorney who can help guide you through the many questions that you will have about the legal process and potential compensation for your medical bills and other possible claims. An attorney will investigate to determine who caused the accident and who is responsible. They will review accident reports, speak to witnesses and other evidence to determine accident fault. They will ensure that all filing deadlines are met, including notice requirements for claims against the government.

Accidents involving failure to yield drivers sometimes have one or more drivers involved. This means that there are times that multiple insurance companies will be involved. Our team of lawyers will negotiate with all parties at fault, and their insurance companies, with the goal to reach a settlement agreement without ever having to go to an actual trial. If they cannot reach an agreement that provides you with the compensation that you deserve, they will then pursue your financial recovery in court.

In an accident involving a failure to yield driver? The Law Offices of Anidjar & Levine Can Help.

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Call the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation.