Unfortunately, failure to yield accidents can happen for all kinds of different reasons. Sometimes it’s just that drivers don’t realize they’re required to fully stop before proceeding further. Driver distraction, error, and even fatigue can also result in a failing-to-yield car accident. The potential consequences of failing to yield can range from simply startling a pedestrian in a crosswalk to serious injuries, vehicle damage, and unfortunately, even fatalities. So, when should you yield to others and who’s ultimately liable in a failure to yield vehicle collision?
When to Yield the Right of Way in Florida?
Florida law, specifically the Sunshine State’s Driver’s Handbook points out that current laws don’t give anyone the absolute right of way. And yes, we understand this can be highly confusing. If the law doesn’t outline who has the right of way in certain situations how are drivers supposed to know when to yield? While the law is vague, it does give some guidelines and when drivers should pay extra attention:
- Stop signs. Everyone regardless of vehicle type must come to a complete stop at all stop signs. This isn’t a suggestion, it’s the law. So, even if you’re riding an e-bike, you must stop at a stop sign. Slowing down and rolling through doesn’t count. You must stop, and check all directions for any incoming vehicles, cyclists, and pedestrians. A good rule to follow is to count to three before hitting the gas at a stop sign. Who goes first at a stop sign? Usually whoever reaches the stop sign first has the right of way.
- Open intersections. An open intersection doesn’t have any traffic signals or stop signs. Instead, it’s up to everyone to figure out who has the right of way. However, some guidelines can make it easier to know when it’s your turn to go. You must yield the right of way in an open intersection when a vehicle is already at the intersection. Remember, usually the first vehicle to arrive at an intersection has the right of way.
- You’re using a secondary road to pull onto an interstate or highway.
- A vehicle is entering a paved road, like a highway, from an unpaved road.
- If you’re getting ready to make a left turn and a vehicle is approaching from the other direction, you must yield the right of way. In other words, you can’t pull out in front of oncoming traffic. If an accident occurs, you’re probably the at-fault driver.
You’re also required to yield the right of way when pulling out of a driveway or parking spot. While not exceedingly common in Florida, you can come across roundabouts. You must yield to other drivers in the circle. This includes pedestrians and cyclists.
Always signal when you’re getting ready to turn either left or right. You must also use the appropriate lane to make a turn. For example, use the left lane for left turns and the right one when you need to turn right. Something else to note. Regardless of whether or not you have the right of way, you must always yield to emergency vehicles when they’re using their lights and/or sirens. This includes ambulances, police vehicles, and fire trucks.
Who’s Liable in a Florida Failure to Yield Vehicle Accident?
Determining liability in any type of vehicle accident can be complex. The Sunshine State also follows comparative negligence standards that can really complicate when it comes to trying to figure out who’s actually responsible for the accident itself. Adding to the possible confusion is the state’s lack of comprehensive right-of-way laws. So, how do you know if you’re responsible for covering damages in a failing-to-yield car accident?
Determining Liability
If you decide to ignore a stop sign in an intersection, chances are you’re liable for the other party’s damages. However, what happens if everyone seems to be following general traffic laws? Hopefully, you’re following state law and immediately reported the accident. Florida does allow motorists to skip reporting vehicle collisions if there aren’t any injuries or fatalities, and vehicle damage is less than $500.
Since even replacing a dented car bumper can run over $500, it’s a good idea to plan on immediately reporting any vehicle accident, regardless of how minor the damage appears. Reporting the accident and remaining at the scene can make it easier for the authorities to determine liability. The insurance adjuster may also have a say in assigning blame for a failing-to-yield car accident. We noted earlier that Florida is a comparative negligence state.
This means more than one party can be responsible for causing an accident. For example, you failed to yield at an intersection but the driver with the right of way is speeding. In this scenario, both drivers are partially to blame for the vehicle collision. As long as you’re not assessed more than 50% of the blame, you should be able to recover some compensation for your damages. However, your compensation amount is reduced by your percentage of fault.
Recovering Compensation in a Failure to Yield Accident
If your vehicle accident happens in Florida, you file your initial claim with your personal injury protection (PIP) insurance provider. Your PIP policy should cover most of your economic damages. PIP doesn’t address non-economic losses like pain and suffering. PIP is able to cover up to 80% of your medical expenses along with property damage costs and any lost current earnings—but the question remains: are you able to actually recover your damages after you settle your case with your insurance provider?
In some instances the answer may be yes, however, comparative negligence can also play a role. Remember, if you’re assigned blame for the accident, your settlement amount is reduced by your percentage of liability. If you’re assessed more than 50% of the fault, you probably can’t file a claim against the other driver’s insurance carrier. To help ensure you’re not unfairly assessed more than your fair share of the blame, it’s a good idea to always immediately report any type of vehicle collision.
Let an Attorney Assist with Your Failure to Yield an Accident Case
Determining liability in a failing-to-yield accident can be challenging and it’s usually not something you want to go through alone. Working with an experienced accident attorney can help ensure you can receive compensation, even if the failure to yield in the accident itself is partially your fault.
