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What is failure to yield in a Florida car accident?

A common question the law firm gets to the Boca Raton accident lawyer and injury attorney is what is “failure to yield the right of way” and what this means in terms of who is at fault, so today’s topic will focus on this question. In car accident cases here in Florida, as a general matter a car that is approaching an intersection shall yield the right of way to a vehicle that is already in the intersection. I have posted several of the statutes dealing with right of way below.

As a matter of example, Mary is driving eastbound on Boynton Beach Boulevard in the right lane and has no stop sign or traffic light. She is traveling at the speed limit. John is entering the same road with the intention to head in the same direction, east. He is entering the road from a strip mall parking lot. As Mary passes by, John does not see her and crashes into the passenger side of her car. This would be an example where Mary would have the right of way and John failed to yield, causing the accident. Obviously all cases need to be based on the specific facts but as presented here this accident would appear to be 100 percent John’s fault.

If you have been in an accident, please call Drucker Law Offices for a free consultation regarding your rights. The phone number is 561-483-9199 (Boca – Principal office), 954-755-2120 (Coral Springs – Satellite office), 305-981-1561 (Miami – satellite office), 561-265-1976 (Boynton Beach – Satellite office), or 561-686-7070 (West Palm beach – satellite office).

Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.

316.121 Vehicles approaching or entering intersections.—(1) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
(2) When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(3) The driver of a vehicle about to enter or cross a state-maintained road or highway from a paved or unpaved road and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on the state-maintained road or highway.
(4) The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on said paved road or highway.
(5) The foregoing rules are modified at through highways and otherwise, as hereinafter stated.
(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 117, ch. 99-248.

316.122 Vehicle turning left.—The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 118, ch. 99-248; s. 29, ch. 2005-164.

316.123 Vehicle entering stop or yield intersection.—(1) The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006.
(2)(a) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
(b) At a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(3) 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 before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If such a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 77-229; s. 305, ch. 95-148; s. 119, ch. 99-248.

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