Failure To Yield Ticket for Accident
Introduction
A failure to yield a ticket with an accident is a potentially serious moving violation that can place you at fault for an accident and, subsequently, for any damages or injuries sustained. Consider reviewing your case with a qualified attorney to determine the potential cost in your state, causes, and defenses.
What Is Failure To Yield a Ticket?
A failure to yield a ticket is a moving violation or a traffic ticket. This is a type of ticket that you are given when you violate traffic laws that pertain to the right of way.
If you do not have the right of way and you are meant to yield to oncoming traffic, but you don’t, you may be issued a failure to yield ticket.
If you do not have the right of way and you are meant to yield to oncoming traffic, and you don’t, which results in an accident, then you may be issued a failure to yield ticket with an accident.
Types of failure to yield tickets
There are several types of failure to yield tickets, and they are quite common among moving violations. These include:
Failure to yield the right-of-way at an intersection;
Failure to yield the right of way when making a U-turn or making a left turn;
Failure to yield the right-of-way when you are at a stop sign but other vehicles do not have a stop sign;
Failure to yield to an emergency vehicle;
Failure to yield the right of way to a pedestrian.
What Causes Failure To Yield Tickets with an Accident?
Failure to yield a ticket with an accident is given in situations where a driver does not have the right of way on the roadway and as a result of these legal violations of traffic laws, the motorist in the wrong received a citation.
What Is the Cost for Failure To Yield Right of Way Ticket with an Accident?
The typical fine for a failure to yield ticket is between $200 and $300 with a one-point conviction on your record and, subsequently, an increase in your car insurance.
However, this is the cost for the ticket itself, and in the event that you were involved in a failure to yield traffic accident and you are deemed at fault, your insurance company will have to pay for all the damages to the other party which can result in increased insurance costs.
If you do not have insurance, this can lead to subsequent complications in the form of having to pay for all the damages out of pocket and facing a legal conviction and fine for driving without insurance and any state rules regarding a loss of license.
Additionally, if your failure to yield resulted in an injury, you get three points on your driving record and could face fines up to $2,000 or up to $4,000 for serious injuries, depending on the state in which you received the citation. In such a case, a medical records release form could be critically necessary. This document allows for the release of medical information to insurance companies, legal professionals, or other parties involved in the case, and provides evidence of the severity and extent of the injuries sustained during the accident.
Do I Need a Lawyer for a Failure To Yield a Ticket for an Accident?
If you receive a failure to yield a ticket for an accident, you should consider reaching out to a lawyer who can explain your legal rights in the case and help you with any defenses if you are the person found at fault for the injury of another person. If you were in the vehicle that was not at fault, an attorney can help you with compensation as well.
Finding Fault
Depending on the state in which you live, it is in your best interest to consider reaching out to an attorney in these situations to help you build a defense against fault. Some states are considered no-fault states. This will determine the extent to which you are liable for compensation and damages if you are at fault for the injuries in a failing to yield with accident situation.
No-fault states
A no-fault state means that it doesn’t really matter who caused the accident, each party has to file a claim with their insurance provider. In these states, drivers must have personal injury protection as part of their car insurance. There are 12 no-fault states across America, including:
Florida
Hawaii
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah
If you received your citation in a no-fault state then you are responsible for your individual damages no matter who was at fault but nothing more.
Fault states
Every other state across America is considered a fault state, like California, sometimes referred to as a tort state. This means the person found at fault is responsible for all the damages and compensation. If you live in a fault state your insurance requires you to carry liability insurance. This liability insurance is meant to cover any losses that other drivers suffer as a result of your actions. This won’t cover any of your losses or damages, only those suffered by the other parties.
If your insurance policy fails to cover all of the costs for damages, the victim can file a lawsuit against you for the additional damages which you will have to pay out-of-pocket if they are successful.
Moreover, some states delineate based on percentages that if you failed to yield to oncoming traffic while making a left turn, but the oncoming driver was running a red light, you might both be found at fault, just to different degrees.
Let’s consider an example
You failed to yield the right of way to a pedestrian, and this resulted in an accident.
If you are in a no-fault state, you are responsible for any damages to your vehicle and injuries to yourself, and the pedestrian is responsible for any injuries they sustained.
If you are in a fault state, receiving the citation for a failure to yield with an accident means that the police officer has determined you to be at fault for the accident. As a result, your insurance will have to cover all of the costs for damages sustained by the person crossing the street. You will be responsible for any personal injuries or damages to your vehicle unless you have insurance that covers that as well.
If you are in a fault state that divides things based on percentages, the police officers might note that while you did receive the citation because you did not yield to the pedestrian, that person was jaywalking, not using the crosswalk, and the crosswalk sign told them to wait. In this situation, the judge might determine that you are both at fault to some degree, but you are at fault 70%, while the person who was walking is at fault 30%. This would mean you were responsible for 70% of the total damages.
How To Fight a Failure To Yield an Accident Ticket
If you received a failure to yield ticket for an accident, consider reaching out to a qualified attorney to help prepare a legal defense and have your failing to yield ticket with accident dismissed and any subsequent fines dropped.
The details of your alleged infraction will be reviewed by an attorney who can analyze your case and then prepare the right defense.
Final Thoughts
If you have been involved in an accident and received a failure to yield with accident ticket, there are a lot of factors to consider, including your insurance coverage, the state in which the citation was issued, and what damages were sustained by both parties. Consider reaching out to a qualified attorney who can help you build your defense and prepare you for what comes next.
Yevheniia Savchenko is a Product Content Manager at Lawrina. Yevheniia creates user interface copies for Lawrina products, writes release notes, and helps customers get the best user experience from all Lawrina products. Also, Yevheniia is in charge of creating helpful content on legal template pages (Lawrina Templates) and up-to-date information on US law (Lawrina Guides). In her spare time, Yevheniia takes up swimming, travels, and goes for a walk in her home city.
If you have any questions or suggestions regarding the product or UX content for Lawrina, feel free to contact Yevheniia directly at y.savchenko@lawrina.org or connect with her on LinkedIn.
Frequently Asked Questions
A failure to yield ticket is issued when a driver fails to give the right of way to pedestrians, cyclists, or other drivers where traffic laws require them to do so.
Fault determination can vary between no-fault and fault states. In no-fault states, each driver's insurance covers their own damages irrespective of who caused the accident. In fault states, the driver who caused the accident (the one who failed to yield) is generally considered at fault, and the driver's insurance company is responsible for damages.
One may contest such a ticket by gathering evidence that disproves the failure to yield, such as dash cam footage, witness testimony, or other forms of evidence. Consulting a lawyer might be beneficial in this process.