Traffic laws are some of the most violated statutes in St. Augustine. Any driver who fails to yield the right of way to another in violation of Florida’s traffic laws is typically at-fault for resulting accidents and injuries. People who are injured in car accidents involving a failure to yield could file a negligence claim against the at-fault driver.
A St. Augustine failure to yield lawyer could help you after another driver failed to yield or stop when required. An experienced car accident attorney could explain the relevant laws, conduct an investigation into the incident, and demand compensation for all your losses.
Traffic Laws in St. Augustine Concerning Failure to Yield in an Intersection
Florida’s legislature has passed a statute that determines which driver has the right of way when two or more cars meet in an intersection. Florida Statute §316.123 states that cars approaching an intersection must yield the right of way to cars already in the intersection. The next car to have the right of way is the one that has been waiting for the longest. If the two cars arrive simultaneously, the car to the right-hand side has the right of way. All drivers must obey a yield sign, even if it means coming to a full stop. Any violation of this law is a non-criminal traffic infraction.
While this law clearly outlines the appropriate behavior of all drivers approaching an intersection, many drivers still fail to follow the legally-outlined guidelines. When a driver does not adhere to the yield laws, they could cause an accident and serious injuries. It may be important to outline the actions of each party when addressing a failure to yield claim with attorneys in St. Augustine.
Using a Traffic Citation for Not Yielding as Evidence
Florida utilizes a statute that outlaws a failure to yield. A cop may cite any failure to follow a rule of the road that results in an accident. When there is an official citation of a driver breaking the law, there may be negligence per se. Negligence per se is a legal concept that allows the plaintiff, or injured claimant, in a personal injury case to argue that the defendant is automatically at-fault for the accident since they violated the law and failed to yield. A court will accept a police report indicating that the defendant was cited for failure to yield as powerful evidence of negligence.
Even with negligence per se, it typically falls to the plaintiff to demonstrate that their injuries were caused by the at-fault party’s failure to yield. While these injuries must contain physical harm that requires medical attention, they may also include economic damages such as lost wages, damaged property, and mental anguish.
Let a St. Augustine Failure to Yield Attorney Help
Failing to stop in an intersection is one of the most common sources of car accidents in Florida. Some drivers may fail to pay attention while driving or believe their need to move quickly overrides Florida laws. No matter what caused a failure, all drivers are obligated to yield to others when directed by a sign or when mandated by the rules of the road. Any failure results in an accident may be an example of negligence per se.
A St. Augustine failure to yield lawyer could gather the relevant evidence connecting a failure to yield to your injuries. An attorney could also explain applicable filing deadlines and demand an appropriate level of compensation for the injuries sustained. Contact an attorney today to schedule a consultation and discuss another driver’s failure to yield.