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What Does Failure To Yield Mean In A Florida Car Accident?

Thousands of failure to yield car accidents happen in Florida each year.  In 2019 alone, there were almost 25,000 car accidents where a driver was cited for failure to yield the right of way.  That is more than 65 each day.  But what does failure to yield the right of way mean?  Basically, it means that each driver must obey any traffic signal that they approach.  The “right of way” defines which car can travel through an intersection first. When they don’t, a failure to yield accident may occur. For these accidents, a Fort Lauderdale car accident lawyer will help you pursue compensation.

Yield sign on a winding highway

Our Fort Lauderdale Accident Lawyer Explains Florida’s Law for Right of Way

Florida’s Failure To Yield Law is located in Florida Statutes §316.123.  It is titled “Vehicle Entering Stop Or Yield Intersection” and says:

  • Right of way at an intersection is controlled by stop signs, yield signs, and traffic light
  • Every driver traveling through an intersection with a stop sign must first come to a complete stop and yield the right of way to any other vehicle which has already entered the intersection, or to a vehicle that is approaching so as to constitute an “immediate hazard”.
  • At Four Way Stop Intersections, the driver of the first vehicle to stop at the intersection can proceed first. If both vehicles arrive at the intersection at the same time, the driver of the car on the left must allow the other vehicle to drive through the intersection first.
  • A Yield sign means any driver approaching a Yield sign must slow down and give the right of way to any cars driving through the intersection. Any driver that hits another car or a pedestrian after driving past a Yield sign is presume to be at fault.

The law also applies to traffic lights and turn signals.  Vehicles entering an intersection with a turn signal have the right of way to proceed through the intersection in front of oncoming traffic.

Where Are The Most Common Areas For Failure To Yield Right Of Way Car Accidents In Florida?

What Are The Most Dangerous Intersections in South Florida?

  • NE 2nd Avenue and 36th Street, Miami
  • SW 117th Avenue and Kendal Drive, Miami
  • SW 117th Avenue and 152nd Street, Miami
  • A1A and Las Olas Boulevard, Fort Lauderdale
  • Pines Boulevard and South Flamingo Road, Pembroke Pines
  • Sunrise Boulevard and Andrews Avenue, Fort Lauderdale
  • Alton Road and Dade Boulevard, Miami/South Beach
  • West Oakland Park Boulevard and NW 50th Avenue

Who Is At Fault In A Failure To Yield Car Accident?

Proving who is at fault is often difficult in a failure to yield car accident.  Most drivers believe they have the right of way to proceed through the intersection, even if they are not paying attention.  However, busy intersections often have video surveillance cameras nearby.  It is critical to investigate your accident claim immediately after it happens to obtain any video surveillance that may have captured the accident.

Photographs of the location of property damage is also important.  Make sure to take photographs of where the cars final resting place is after the accident, and photograph all damage to your car.

Also try to get the names and contact information of any witnesses that may have seen the accident.  Independent witnesses have no interest in the claim are witnesses relied upon by police investigators as reliable witnesses.

 Am I Entitled To Compensation For A Failure To Yield Car Accident?

 In Florida, there are 3 main types of compensation you can recover from a car accident.  They are:

  1. Medical bills
  2. Lost wages
  3. Pain and Suffering

You are entitled to recover they types of compensation for any future expenses you may have as a result of your Florida car accident.  For instance, if the injury you suffered in a failure to yield accident does not allow you to return to your chosen profession and continue to earn as much money as you were earning at the time of the accident, you can recover for your loss of future earning capacity.

Also, if the injury you suffered in the car accident is going to require you to incur medical expenses in the future, for instance for a future surgery, you can also recover money for your future medical expenses.

How Do I Pursue a Right Of Way Accident Claim In Florida?

The three most important things you can do to pursue a car accident claim in Florida are:

  1. Seek medical care for your injuries
  2. Document how the accident occurred, take photographs, speak to witnesses
  3. Have a free consultation with the Maus Law Firm to see whether you have a failure to yield the right of way car accident claim, and how to obtain all the compensation to which you are entitled.

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Client Testimonial

"Even when I was not able to get a physician to follow up with me for a broken bone following a car accident, the Maus firm, in particular Rocio, worked hard on my behalf and reached a good settlement for me. This was accomplished long distance, as the accident happened in Florida and I live in Indiana. They worked on my case for 3 years and did not give up."

Posted By: Debra Murray

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If you or a loved one has been seriously injured in an accident, you deserve an attorney you can trust

– to prepare your case properly, and to obtain the compensation you deserve. The Attorneys at the Maus Law Firm have tried more than 130 jury trials, and recovered millions of dollars on behalf of their clients. In fact, most of our cases are referred from our former clients on cases in which we served as the lead accident claims lawyer.

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