Failure to Yield Accidents: How to Determine Who’s At-Fault

Failure to yield is ranked as the fourth-leading cause of fatal crashes in the U.S., According to the National Highway Traffic Safety Administration. It is listed as one of the top reasons for auto accidents every year.

When a driver fails to yield to the rightful vehicle or pedestrian in a particular situation, commonly referred to as “right of way,” an accident occurs.

These types of collisions occur when drivers are impatient or distracted, or when they are negligent. They may occur because drivers fail to pay attention to oncoming vehicles when merging onto the roadway or highway. Additionally, they may fail to slow down or stop when turning left, without considering oncoming traffic. Furthermore, they may ignore traffic laws by running yellow or red lights without flashing their lights.

What Georgia Law Says

The Georgia Code is quite evident and concise concerning when drivers should give way.

According to O.C.G.A § 40-6-73, when a vehicle is about to enter or cross a roadway from any location other than another roadway, all vehicles approaching on the road should give the right of way to the driver.

All drivers are expected to obey the right of way laws. Right of way situations are often encountered during the following instances:.

  • Turning left.
  • Joining or combining with a freeway or road.
  • Four-way or three-way intersections.
  • Roundabouts (traffic circles) are circular intersections.
  • When you arrive at an unmarked junction at the same time as another driver.
  • Construction zones.
  • People walking across designated pedestrian crossings.
  • Creating room for emergency vehicles.
  • School buses collecting or delivering children.
  • Turning Left

    O.C.G.A § 40-6-71 states that any vehicle within or approaching an intersection, driveway, private road, or alley must yield the right of way to any vehicle approaching from the opposite direction within the same intersection, driveway, private road, or alley.

    In advance, motorists ought to indicate their intention when making a left turn and exercise caution. The visibility of approaching vehicles becomes obstructed when encountering a hill or curve, or when having to cross multiple lanes, thereby rendering left-hand turns particularly hazardous.

    Never try to race or beat oncoming traffic. Failure to yield while turning left can result in a crash and a citation.

    Stop Signs

    (B) O.C.G.A § 40-6-72 – If there is no crosswalk or if the driver has a view of approaching traffic on the intersecting roadway, the driver must stop at a clearly marked stop line before entering the crosswalk or the intersection near the side of the crosswalk, unless directed to proceed by a police officer.

    One of the most basic scenarios driving the need for a stop sign is stopping at a clear road. It is important for drivers to look both ways and make sure that it is safe to either turn or go through the intersection. If other drivers have arrived first, drivers should wait and come to a complete stop.

    It is always important to carefully observe and pay attention to signs, and never disregard or overlook the presence of intoxicated or speeding drivers. Between 6 p.M. And 3 in the late afternoon, there is often a high number of accidents at intersections where drivers fail to follow stop and yield signs.

    At a four-way intersection with stop signs, pedestrians are required to give way to all drivers. Otherwise, drivers are allowed to proceed in an order of “first to arrive, first to proceed.” In the event that two vehicles arrive simultaneously, give way to the driver on your right.

    At times, drivers may hesitate or experience confusion regarding whose turn it is to proceed when navigating through an intersection. In such situations, if another driver proceeds ahead of you, it is advisable to follow suit, even if it is technically your turn and you have the right of way. It is preferable to allow them to proceed and endure a minor inconvenience rather than risk getting involved in a collision.

    Yield Signs

    The driver approaching an intersection where the driver has a view of the traffic approaching on the intersecting roadway shall stop at the clearly marked stop line or before the crosswalk near the side of the intersection, if there is one. If there is no crosswalk or clearly marked stop line, the driver shall slow down to a reasonable speed considering the existing conditions and yield to an approaching vehicle, as required for safety.

    If a driver is involved in a collision after stopping without yielding at a yield sign, they will most likely be cited for failure to yield. They must yield to any potential oncoming traffic. When approaching a yield sign, the driver should slow down and look for traffic.

    Roundabouts

    Prior to entering, a driver approaching should fully halt and await the driver to exit the roundabout or drive past. That particular driver possesses the privilege of precedence if a vehicle enters or is within the roundabout. Upon approaching a roundabout, it is advisable for the driver to decrease their speed. Roundabouts are constructed to maintain the smooth movement of traffic and diminish the occurrence of accidents.

    Driving Advice: Avoid stopping within a roundabout and gesturing for other drivers to enter the traffic flow. Keep your vehicle in motion.

    Intersections

    Before proceeding through intersections, make sure there is no incoming traffic or vehicles already present. It is important to note that having a green light does not guarantee safety. Prior to driving, always check both directions when the light turns green, especially if you are the first car at the intersection. It is common for accidents to occur when drivers who are either speeding or distracted disregard red lights and collide with other vehicles shortly after the light changes.

    To ensure safety, you should come to a complete stop before proceeding. It is important to yield to pedestrians and traffic and make sure it is safe to turn. You are allowed to make a right turn on red at an intersection, but only if there is no sign posted indicating otherwise.

    Collisions on a right or left bend at a crossing can also be triggered by a motorist who is unfocused, inattentive, fatigued, or intoxicated. Neglecting to give way on a right or left turn at an intersection can also be caused by a driver who is distracted, inattentive, tired, or drunk. These incidents occurred most frequently when the drivers were making a left turn and were impacted by another vehicle on the side where the passenger sits. Drivers aged 65 and above have a higher probability of being involved in fatal accidents resulting from failure to yield, both at traffic lights and stop signs.

    When approaching an intersection without any stop signs, yield signs, or traffic lights, the driver on the left has the right of way over the driver on the right. Remember this driving tip.

    Merging Onto the Interstate or Highway

    To ensure a safe merging process, it is advisable to adjust your speed accordingly if changing lanes away from the merging traffic is not feasible. If there is traffic merging from another lane into the one you are currently in, attempt to safely switch to a different lane. When the lane you are in merges with other traffic, make sure to merge into the new lane with caution by adjusting your speed.

    Emergency Vehicles

    Ensure that you never block an intersection in such a way that it prevents the necessary movement of an emergency vehicle. Always use caution to ensure that you do not endanger pedestrians, bicyclists, or other drivers. Slow down and move over to the far right of the lane or roadway, or to the shoulder of the road, as you can. If emergency vehicles are using their sirens and emergency lights, move your vehicle out of the way.

    Failure to Yield Citations

    Failing to give the right of way can lead to important outcomes. If a person is found to be driving recklessly or if their failure to yield caused an accident, a police officer will issue a ticket and add three points to their driver’s license. The fines for a regular vehicle can vary from $140 to $225. However, failing to yield for an emergency vehicle can result in a cost of $550.

    Hurt in a Right of Way Georgia Accident?

    Car accidents often occur due to negligent or impatient drivers who are inattentive to the consequences. It is important to follow the rules and laws of the road, especially when combined with common courtesy. Obeying the right way in Georgia is relatively straightforward.