Miami Failure to Yield Car Accident Lawyers

Car accidents can occur for many different reasons including distracted driving, mental fatigue, driving while intoxicated, poor weather conditions, etc. Failure to yield car accidents are also very common in South Florida. Failure to yield accidents are usually caused when one driver fails to yield to another driver who has the right of way. Some drivers in South Florida drive their cars as if they always have the right of way. Nevertheless, all drivers have a duty to obey the rules of the road in order to avoid accidents. This involves following rules about yielding to other drivers in certain circumstances. Yielding to other drivers when appropriate is one of the marks of responsible driving behavior. Yielding the right of way is one of those principles which, if followed, can help prevent many of the accidents that occur today. Our lawyers have over 19 years of legal experience in the area of personal injury. We can help you assert your rights if you were struck by a driver who failed to yield.

Florida Law on Failure to Yield

In Florida, there are laws that dictate when and how a driver must yield to pedestrians, bicyclists, and other vehicles. The Florida Driver’s Handbook points out that the law does not affirmatively give anyone the right of way, but rather only indicates when people should yield the right of way to others. For instance, a driver turning left must yield the right-of-way to other vehicles. Also, a driver at an intersection must yield to a vehicle approaching the intersection from a highway. If there are no traffic controls or if they are malfunctioning, then the driver must yield to pedestrians. Here are some of the general guidelines on when a driver should yield the right of way to other drivers:

Stop Signs:

After a complete stop, a driver is required to yield the right of way to all other traffic and pedestrians at the intersection. At an intersection with a four-way stop, the first vehicle to stop should move forward first; in the event that vehicles come to simultaneous stops, the vehicle to the right should move forward first.

Open Intersections:

In intersections at which there are no stops or traffic signals, drivers must yield to other traffic or pedestrians in the following situations: when there is a vehicle already in the intersection, when you are entering a state highway from a secondary road, when you enter a paved road from an unpaved road or when you intend to make a left turn and there is a vehicle approaching from the other direction.


Vehicles entering a roundabout are required to yield to vehicles already in the circle and must driver in a counterclockwise direction. Drivers should stay in the left lane to turn left and the right lane to turn right and should always use signals to indicate their intention to exit the circle. Additionally, drivers are required to yield to pedestrians in crosswalks prior to entering roundabouts, and bicyclists using them may ride in either the lanes or on sidewalks.


When you enter a roadway from a driveway, alley, or from the side of the road, you should yield to traffic already on the road, as well as pedestrians and bicyclists on sidewalks or shared lanes.

Emergency Vehicles:

Drivers are required to yield the right of way to emergency vehicles that are using their emergency flashing lights and/or sirens. These vehicles include ambulances, fire engines, law enforcement vehicles, and others. Drivers should move as far to the right when possible and stop until the vehicle has passed.

Some Common Causes of Failure to Yield Car Accidents in Miami

A failure to yield car accident generally occurs when a driver fails to yield at the appropriate time and thus causes a collision. Some of the most common causes of failure to yield accidents include situations such as when there is a flashing yellow or red light, when a driver making a left turn fails to yield to oncoming traffic, when a driver is aggressive about merging onto a highway, when a driver is entering the street from a private driveway, or when a driver fails to yield the right of way to a pedestrian in a crosswalk. There are many different situations in which a driver must yield to other drivers on the road. Failure to yield the right of way can result in serious accidents leading to injuries and can even be fatal. When a driver who is required to yield the right of way to others fails to do so, he or she may be liable for any injuries caused. Following the rules of the road will prevent many of the accidents we see today on the road.

Steps to Follow after a Failure to Yield Car Accident

If you are injured in a failure to yield car accident, you expect the at-fault party’s insurer to pay for your medical expenses, out-of pocket costs, lost wages, and pain and suffering. To make sure that happens, you need to make sure you prove how you were injured and show how the other driver was negligent. Whether you decide to hire a car accident attorney from the onset represent yourself, here’s what you should know about how to respond after an accident in order to gather essential evidence you will need to present the strongest claim possible. First, try to see if the driver who caused the accident received a ticket for failing to yield properly. If so, the police officer who issued the ticket may be willing to testify in your case if necessary. Make sure you jot down the police officer’s information. It can be important in proving negligence in your case. Next, try to find out if any nearby businesses have footage of the accident. Also, check to seeif there are any cameras at the scene of the accident. For example, if the accident occurred at an intersection, then a red-light camera might have captured the wreck.

Seeking Compensation from Negligent Drivers

One of the easiest ways to get into a collision with another vehicle is to insist that you have the right of way and proceed through the intersection. Drivers who fail to yield to other drivers with whom they share the road cause crashes. One of the obligations that comes with the privilege of driving is the duty of care that each driver owes to the other drivers on the road. When someone is injured in a car crash that was caused by a negligent driver, they may be able to take legal action against that driver and receive damages for their injuries and property damage from the accident.

Call our Experienced Attorney if you are Injured

If you or someone you love has suffered injuries in a car accident when another driver failed to yield, you may be able to file a claim. The experienced accident attorneys at Suarez & Montero are here to help obtain the justice and compensation they deserve after another driver’s negligence has left them with physical pain, emotional stress, and financial pressure. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. We are available 24/7 to give you a free, no risk case consultation.

Schedule a FREE Consultation! Call 305-631-1911

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

Miami Failure to Yield Accident - Blog/News

Frequently Asked Questions

An auto insurance adjuster is mainly concerned with settling your case for the lowest settlement possible.Therefore, providing them with the correct documentation to prove your settlement will not only make your car insurance claim go more smoothly, it will also help you get the settlement that you want.

It is usually not a good idea to provide a recorded statement to a claims adjuster after a motor vehicle accident before speaking with a personal injury lawyer. When you agree to a recorded conversation with a claims adjuster, you leave yourself open to having your statements used against you in court or the settlement negotiation process. Insurance adjusters may have strategies to elicit comments that unfairly weaken your case.

If the police didn’t file a police report or don’t show up to the scene of the accident, you have 10 days from the date of the accident to file a crash report. The report needs to be sent to the Department of Highway Safety & Motor Vehicles in your area and sent to the attention of the Traffic Crash Record Section.

If you were in an auto accident, you might worry about how to deal with the other driver’s insurance company. The good news is that you do not need to handle your case all by yourself. The attorneys at Suarez & Montero can absolutely deal with the insurance companies for you after an accident.