Failure to Yield Car Accidents

Auto, car and motor vehicle accidents can occur for many reasons from driver error, mental fatigue, distracted drivers, alcohol,  poor visibility, to poor weather conditions. One common cause of car accidents is when a driver fails to yield to another person who has the right of way. Other people using the road who may have the right of way include other drivers, pedestrians, or bicyclists. Car accidents are one of the leading causes of death in the United States today, and can cause serious injuries that can have lifelong ramifications to victims. The Centers for Disease Control and Prevention (CDC) indicate that car accidents caused more than 2.3 million emergency room visits among adult passengers and drivers in 2009 alone, and that car accidents cost Florida $3.16 million in work loss and medical costs in 2005.

The 2013 Florida Driver's Handbook points out that the law does affirmatively give anyone the right of way, but rather only indicates when people should yield the right of way to others. Some of the most common situations in which drivers must determine whether they are required to yield include the following:

• Stop Signs - after a complete stop, a driver is required to yield the right of way to all other traffic and pedestrians at the intersection. At an intersection with a four-way stop, the first vehicle to stop should move forward first; in the event that vehicles come to simultaneous stops, the vehicle to the right should move forward first.

• Open Intersections - In intersections at which there are no stop signs or traffic signals, drivers must yield to other traffic or pedestrians when:

  1. There is a vehicle already in the intersection
  2. You are entering a state highway from a secondary road
  3. You enter a paved road from an unpaved road
  4. You intend to make a left turn and there is a vehicle approaching from the other direction

• Roundabouts - vehicles entering a roundabout are required to yield to vehicles already in the circle and must driver in a counterclockwise direction. Drivers should stay in the left lane to turn left and the right lane to turn right, and should always use signals to indicate their intention to exit the circle. Drivers are required to yield to pedestrians in crosswalks prior to entering roundabouts, and bicyclists using them may ride in either the lanes or on sidewalks.

• Driveways - When you enter a roadway from a driveway, alley, or from the side of the road, you should yield to traffic already on the road, as well as pedestrians and bicyclists on sidewalks or shared lanes.

• Emergency Vehicles - Drivers are required to yield the right of way to emergency vehicles that are using their emergency flashing lights and/or sirens. These vehicles include ambulances, fire engines, law enforcement vehicles, and others. Drivers should move as far to the right when possible and stop until the vehicle has passed.

These are just some of the situations in which a driver may be required to yield to other people using the road, and it is important to always do everything possible to avoid a crash. Failure to yield the right of way can result in serious accidents leading to injuries and can even be fatal. When a driver who is required to yield the right of way to others fails to do so, he or she may be liable for any injuries caused through a Florida personal injury lawsuit. Determining fault in car accidents is often a very fact-specific analysis, and it is important to have your case reviewed by an experienced Florida car accident attorney as soon as possible.

If you or a loved one has been injured in a Florida car crash you may be entitled to significant compensation. Damages that may arise from car accidents include compensation for medical expenses, pain and suffering, property damage, and lost wages, among others. Personal injury claims in Florida are subject to a strict statute of limitations, meaning that there is a limited amount of time in which you may file a claim.  In addition, delaying in filing a claim may result in the loss or destruction of critical evidence or the fading of witnesses' memories. As a result, you should contact a Miami failure to yield accident attorney at Gerson & Schwartz, PA as soon as possible. Were available toll free at (877) 475-2905, or you can email us directly at info@gslawusa.com.