On public roads, there are a variety of circumstances under which one driver will have the right of way. Some of these circumstances are obvious – such as when stop signs, yield signs and traffic signals provide direction at intersections and roundabouts. In other circumstances, however, understanding which driver has the right of way requires us to recall what we learned during driver’s ed.
Regardless of whether another driver ignored a traffic sign or failed to properly apply the rules of the road, if you were injured as a result of a failure to yield, you may be entitled to compensation under Florida law. Failing to yield is a form of legal “negligence,” and the law holds negligent drivers accountable for the harm that they cause.

COMMON EXAMPLES OF FAILURE TO YIELD

When are you entitled to compensation for a failure to yield car accident? The following are all common examples of accidents in which financial compensation may be available:

• Failure to yield at a yield sign or traffic signal
• Failure to yield when making a left turn at an intersection
• Failure to yield the right of way at a three-way or four-way stop
• Failure to yield the right of way when entering or exiting a roundabout
• Failure to yield when merging onto or off of the highway
• Failure to yield to pedestrians at a crosswalk
• Failure to yield to emergency vehicles when their sirens are engaged

As a general rule, any time a driver fails to yield the right of way, there is a good chance that he or she (or, more likely, his or her insurance company) will be liable for the resulting vehicle damage, physical injuries, inability to work, and other financial and non-financial losses.

PROVING ANOTHER DRIVER’S FAILURE TO YIELD

In order to recover financial compensation for another driver’s failure to yield, you will need to present evidence that establishes proof of liability. The insurance company may try to accuse you of playing a role in the accident; and, to maximize your financial recovery, you will need to be able to demonstrate that the other driver was primarily at fault in the collision. Available sources of evidence to prove your claim for compensation, may include:

• Accident reconstruction
• Eye witness testimony
• Location and extent of vehicle damage
• Police reports
• Skid marks at the scene of the accident
• Signage, road markings and traffic signals at the scene
• The other driver’s statements to the police, insurance companies or online

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