James A. Baker

Failure to Yield Traffic Violations

lure to Yield Traffic Violations

State highway statutes and local ordinances set forth violations for offenses for which violators may be arrested without arrest warrants. One such violation is the failure to yield the right-of-way. Right-of-way merely means a preference to one of two vehicles asserting the right of passage at the same place and at approximately the same time. Generally speaking, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right. Moreover, the right-of-way is not absolute as the relative speeds and positions of drivers with respect to the intersection must be considered.

State highways or local traffic authorities often erect "yield" signs at intersections. The motorist proceeding along a highway or street protected by a "yield" sign ordinarily has the right-of-way at the intersection and may assume that the approaching motorist will yield the right-of-way as required by statute. The motorist approaching the yield sign is required to slow down to a speed reasonable for the existing conditions and to yield the right of way to the vehicle in the intersection or approaching on another highway.

Most statutes provide that if an approaching vehicle is close enough to constitute an immediate hazard, the motorist approaching the yield sign is under a duty to reduce his speed, to stop if required for safety, and to yield to the vehicle if it is close enough to constitute an immediate hazard.

Generally, the statutes controlling yield signs also provide that if the motorist with the yield sign is involved in a collision with the vehicle in the intersection after driving past a yield sign without stopping, the collision will be deemed prima facie evidence of his or her failure to yield the right of way.

Interesting enough, aggressive driving statutes include the failure-to-yield in their definition of aggressive driving. Typically, aggressive driving statutes include the failure to yield the right-of-way to approaching traffic when turning left or the failure to yield to approaching traffic when entering or crossing a roadway as an element of the offense. Also, because the violation of failure-to-yield is generally considered a misdemeanor, the motorist will be subject to both fine and to points. If the violation contributes to an accident resulting in bodily injury or death to another person, the motorist further risks suspension of his or her license.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.

Areas of Practice

  • Criminal Law
  • Traffic Violations
  • Driving While Intoxicated DUI/DWI
  • General Criminal Practice in all Courts
  • Serious Felonies/Drug Crimes

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