Failing to Yield

A failing to yield citation typically comes after an accident that is caused by a driver failing to yield at an intersection. An accident is an extremely stressful situation, and the last thing you want to deal with is a ticket.

What most people don't know is that, with great legal representation, you can reduce your penalty or even drop the charge.

Did you get a failure to yield citation in Florida?

Contact Skubiak & Rivas today for a free, no-obligation case review.

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What is the law on a Failing to Yield Citation?

From failing to yield to a stop sign, to ignoring a malfunctioning traffic light, there are many reasons you might have been given a failing to yield citation. Most of them are regulated by Florida Statutes 316.123, but some are regulated by other areas of Florida Law. The Traffic Law Firm can help you with all of the failing to yield citations. In general, the Florida law for yielding is as follows:

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.

“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.”

Failing to Yield Accident

Florida Statutes 316.123 governs ignoring a yield sign:

Yield signs are commonly used in high traffic areas. These signs must be obeyed by all drivers in order to avoid an accident with oncoming cars. The motorist must decide if they should slow down or come to a stop. Failing to obey these signs can cause an accident.

Failing to Yield to a Pedestrian

Florida Statutes 316.123 governs failing to yield to a pedestrian:Every driver holds the responsibility of watching out for all pedestrians on the road. If a crosswalk is present, the pedestrian bears the right of way and drivers must yield. If there is no crosswalk, drivers must still be diligent to not harm pedestrians.

Running a Red Light or Stop Sign

Florida Statutes 316.075 governs running a red light: If a driver disregards a red light or a stop sign, any ensuing accident caused by this will be charged on the driver.

Ignoring Malfunctioning Traffic Lights

Florida Statutes 316.1235 explains:When traffic lights or signals are not working properly, it is the driver’s responsibility to treat this intersection as a traditional 4 way stop with stop signs. This entails a complete stop before proceeding through the intersection in the same order as they arrived.