What Is Failure to Yield the Right-of-Way?

Failure to yield the right-of-way was the fourth-highest cause of fatal car accidents in 2022, the Insurance Information Institute (III) reports. Causing more than 4,400 fatalities, speeding, driving under the influence, and reckless driving claimed more lives than this behavior. Knowing how to proceed through intersections and operate safely around pedestrians, as well as how to properly merge with traffic, is essential in avoiding this type of driving infraction.

What Is Failure to Yield?

When a driver does not yield to another vehicle or pedestrian who has the right-of-way, it is known as “failure to yield.” Instead of stopping or slowing down to allow another driver to pass, the individual proceeds onto the roadway, causing a potentially dangerous or even deadly situation.

What Are the Most Common Failure to Yield Accidents?

Here are some of the most common reasons for failure-to-yield accidents:

• Roundabouts or traffic circles: Those approaching a roundabout are required to slow down or even stop to reasonably assess whether there are oncoming vehicles. Any vehicles in the roundabout have the right-of-way, and those approaching must wait to proceed safely. Failure to yield could result in a side-swipe accident.
• On and off ramps: The vehicles traveling on a road or highway have the right-of-way. Those attempting to merge with traffic must pause or stop to ensure there is enough of a gap in the traffic flow to proceed safely. Failure to yield could result in a side-swipe accident.
• Stop signs: Anyone who approaches a stop sign is required to stop and allow cross traffic to proceed. At a four-way stop where several cars approach and stop simultaneously, all vehicles are required to stop and yield the right-of-way to the vehicle that is on their right. Failure to stop or rolling through a stop sign could create a T-bone accident.

• Traffic signals: Traffic signals mandate which lane of traffic has the right-of-way to proceed. Ignoring the signal could cause a T-bone collision.
• Pedestrian and bike traffic: Whether there is a marked crosswalk at an intersection or not, pedestrians and bikers have the right-of-way. Drivers must proceed with caution to avoid a deadly collision; even vehicles that block an intersection could create a dangerous situation.
• Left turns: Any vehicle attempting a left-hand turn is required to yield to traffic that is approaching from either direction. Failure to yield could cause T-bone or sideswipe situations.

How Do You Prove Failure to Yield?

Failure to yield occurs for a number of reasons, such as being distracted, being in a rush, or simply ignoring the rules that govern roads and highways. In any event, those who cause a failure-to-yield crash have acted negligently in providing a duty of care to those around them. As a result, if the crash is severe enough to cause damage or injury to others, it could result in a lawsuit.

This is where evidence from the scene comes in handy. This includes crash reports, photos that show the position of vehicles and any skid marks left behind, as well as video footage from dashboard or intersection cameras, nearby businesses, or witness cell phones. Other input, such as eyewitness accounts and reconstruction experts, may all help to bolster a case as to who is at fault.

What Type of Compensation Is Possible?

An individual found negligent in causing an accident due to failure to yield could be responsible for paying for medical treatment, property damage, lost wages, pain and suffering, and even loss of enjoyment of life in addition to a traffic ticket, possible fines, and two points added to their license.

How Long Do I Have to File a Claim?

The statute of limitations is two years from the date of the accident, so do not delay. Even if you are unsure whether to pursue a claim, it is important to move quickly to ensure you can recoup any financial losses you experienced as a result of an accident.

Get the Legal Answers You Need From the Atlantic City Car Accident Lawyers at D’Amato Law Firm Today

If you suffered an injury or property damage due to a failure-to-yield accident, talk to the skilled Atlantic City car accident lawyers at D’Amato Law Firm. To schedule a free consultation, call 609-926-3300 or submit our online form. Located in Egg Harbor Township, New Jersey, we proudly serve clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and South Jersey.