Traffic laws exist to keep us safe and prevent accidents, and every motorist is required to know and understand the basic laws around traffic control. If an accident does occur, it is also important to understand how the law determines responsibility and any potential penalties. In the case of violating a failure to yield law that results in an accident, some situations can be straightforward while others may be more complex.
Anyone involved in a traffic accident for any reason has rights and protections under the law, while law enforcement is bound by rules and restrictions that they must follow. Learning more about failure to yield laws in Florida can help you better understand these rights and decide if working with an attorney may benefit your case.
Under Florida state traffic law, failure to yield is when a vehicle does not stop or properly slow down for another vehicle or pedestrian that has the right of way. This is typically charged as a noncriminal moving violation and subject to fines and potential points on the license if there is no accident and/or injury or damage. If not yielding to vehicles or pedestrians with the right of way results in an accident that causes property damage, injury, or death, additional and more severe legal penalties may result.
Legal Examples of Failure to Yield in Florida
Many of the specific legal examples of failure to yield are written in chapter 316 of the Florida statutes, entitled “State Uniform Traffic Control.” Examples of failure to yield as explained in this statute include:
- Yielding the right of way to construction workers and maintenance workers (316.079)
- Yielding to public transit vehicles exiting or returning to a roadway (316.0815)
- Drivers who are turning left must yield to vehicles coming from the opposite direction or turning or passing on the left (316.122)
- Drivers approaching any intersection must yield to a vehicle already in the intersection from another highway (316.121)
- If two vehicles from different roadways are entering an intersection at the same time, the vehicle on the left must yield to the vehicle at the same time (316.121)
- Vehicles on non-public roads, paved or unpaved, must yield to motorists on public roads (316.121)
- Vehicles approaching an inoperative stoplight intersection will proceed according to the same rules for stop sign intersection (316.1235)
Each case is different and there are additional rules and laws for yielding in Florida. Failure to yield can significantly increase the risk of an accident or collision, which is why there are penalties for breaking these laws.
Penalties in Florida for Failure to Yield
As written in chapter 318 of the Florida Statutes, a violation of any failure to yield law when there is no accident may result in a noncriminal moving violation. This can result in a fine of up to $500. Failure to yield in areas such as a school or construction zone may result in additional penalties and fines of up to $1,000.
Citations for failure to yield may also result in points on the license and/or license suspension. Drivers may have to attend traffic school. Insurance rates typically increase for drivers charged with a moving violation for failure to yield.
If the failure to yield results in an accident, additional penalties may result. This is especially true if there is an additional charge for reckless driving, speeding, or driving under the influence.
The severity of penalties may also be dependent on the extent of property damage, vehicle damage, or injuries to other parties.
How the Expert Lawyers at Clark Hartpence Law Can Help
If you are facing legal consequences for failure to yield that causes an accident and you have concerns about the validity of the violation, a lawyer can help. Attorneys with a background in traffic law and moving violations will have a deep understanding of the surrounding laws and how law enforcement can potentially misinterpret them.
If you have a case, your lawyer can help you defend against any charges in court. The result can be reduced or even no fines, no points on your license, avoiding traffic school, and not suffering insurance rate increases. A quality attorney can also help you become more educated about your rights and road safety.
If you or someone you know has received a violation due to failure to yield that causes an accident, get in touch with the experienced legal team at Clark Hartpence Law (855) 680-4911. You can schedule a free consultation today. Our highly skilled and hard-working lawyers know the statutes and complexities of all moving violations, including failure to yield, and we will work hard to protect your rights under the law.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.