Failure to Yield
There are various ways in which a person can receive a failure to yield citation. Failure to yield citations do not only relate to a person not complying with the laws of a yield sign. A failing to yield citation can relate to any aspect of driving in which a person did not yield to another vehicle or pedestrian when they should have
Common failure to yield violations issued in Florida relate to the following Florida Statutes:
Florida Statute 316.079: Yielding to Highway Construction Workers
Every driver of a vehicle shall yield the right-of-way to a pedestrian worker and flag person engaged in maintenance or construction work on a highway whenever the driver is reasonably and lawfully notified of the presence of such worker by a flag person and a warning sign or device.
Every driver of a vehicle on public roadways shall yield the right-of-way to an escort vehicle or pedestrian flag person that is engaged in the management of highway movements of an oversize vehicle permitted, provided the driver is reasonably and lawfully notified of the presence of such vehicle or flag person
Florida Statute 316.122: Yielding to a 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.
Florida Statute 316.0815: Yielding to Public Transit Vehicles
The driver of a vehicle shall yield the right-of-way to a publicly owned transit bus traveling in the same direction which has signaled and is reentering the traffic flow from a specifically designated pullout bay.
Florida Statute 316.121: Vehicle Approaching or Entering Intersection
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.
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.
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
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.
Florida Statute 316.123 (Part 3): Vehicle Entering a Stop or Yield Intersection
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.
A failure to yield citation can cost a person up to a $500 dollar fine and into the thousands of dollars if further citations are given, such as reckless driving citations, or if an accident occurs. A failure to yield citation can lead to license suspension and add numerous points on an individual’s license, which will cause insurance rates to increase.
Since there are a plethora of statutes pertaining to yielding regulations, defenses for yielding violations are in great multitude and will vary from case to case. Poor visibility of lines, inaccurate calculations of car speed, and reckless driving on the other vehicle’s part are all defenses that may pertain to an individual’s case. In addition, a yielding violation requires proof that the individual charged did not yield the right of way to another vehicle or pedestrian, which is subjective in nature and should be fought.
Fight Your Case
Take the next step and call Finebloom, Haenel& Higgins at 1-800-FIGHT-IT (1-800-344-4848). Ask your questions and get answers from our attentive staff that are available all day and night to help you with your case.