Failure to Yield the Right of Way Defense FAQ

When a car accident occurs, it’s quite possible that both drivers share the responsibility. If the other driver is partly at fault, that fact can certainly help a traffic ticket defense attorney prepare to defend you in Court.

Question: I was making a left turn in Miami, and while I was making the turn, a speeding car going straight came out of nowhere and crashed into my car. I was given a ticket for failing to yield the right of way while making a left turn. Can I receive a ticket in a situation like this?

Answer: Yes, you can be given a ticket for failing to yield. The law states that the person making the left turn must yield the right of way, waiting until traffic is clear to complete the turn.

The fact that you were cited for the traffic violation doesn’t mean that you will be found guilty. You have the right to fight this citation in a Court of Law, and the fact that the other driver was traveling at excessive speed might be part of a successful defense.

Question: Because the driver was speeding that hit me, I’m going to fight the ticket. What is the best strategy?

Answer: The best ticket defense strategy is the one that takes into account all of the facts. For example, how fast was the other driver going? Did he or she come out of a parking lot or side street near the intersection at a high rate of speed after you had begun your turn?

As an experienced traffic defense attorney, I will tailor the defense to the situation. I’d be glad to discuss your case. Contact me today for a free consultation.

Question: How many points do I face for failing to yield and causing an accident?

Answer: That traffic violation is 4 points if you are found guilty. In addition, if you caused an accident in which someone was injured, you might be sued and face financial liability. The points and the potential risk of a lawsuit are two important reasons that you should consider having an experienced traffic ticket defense lawyer in your corner.

Question: Even if I failed to yield, I don’t believe I could have prevented the accident because the other driver was going so fast. Can I sue the driver?

Answer: Yes, you can. I can refer you to an attorney who will review your case. My focus is traffic ticket defense, and that gives me the experience necessary to successfully defend my clients.

Question: I had the right of way, and the other driver failed to yield, causing an accident. They got a ticket. I was arrested for DUI. Since I wasn’t at fault, will the DUI charge be dismissed?

Answer: The fact that the other driver was cited for failing to yield doesn’t mean your DUI charge will automatically be dismissed, though it might be part of your defense. More facts regarding the charges against you will need to be considered. Feel free to contact me for a free consultation about your case.

I’ve been a traffic defense lawyer since 1997 handling both civil and criminal traffic infractions. I have experience in the Courts in Broward County, Miami-Dade County and elsewhere in South Florida. Here’s how to get in touch:

• Call toll free 855.352.8425 or one of the many local numbers listed at the bottom of this page
• Use the quick form on this page, and I will promptly reply

Russell D. Bernstein, Esq.

Attorney at Law representing clients in Coral Springs, Hallandale, North Miami, Miami, Weston, Boca Raton, Jacksonville, Fort Lauderdale and neighboring communities.