Failure to yield accidents — who’s at fault?

Accidents involving a failure to yield are one of the most common types in Atlanta. They frequently occur at intersections with flashing yellow lights, but can also happen any time one driver doesn’t yield the legal right-of-way to another. This can happen when making left turns against a green light, merging, going through 4-way stops, and more. These accidents can cause serious injury and property damage.

Establishing fault in accidents like these isn’t always hard. In most cases fault goes to the driver who didn’t properly yield according to traffic rules. Because of this, knowing how you’re supposed to treat each situation is critical in preventing a costly mistake.

The right-of-way at a 4-way stop

Four-way stops are easy to navigate until more than one car arrives at the intersection at the same time. In all other instances, whoever gets there first has the right-of-way, although if another car is approaching just as you stop, it’s best to move with caution through the intersection.

When two or more cars arrive simultaneously, the rule is to yield to the car that’s the furthest right. In the rare instance that four cars come to a 4-way stop at the same time, it’s best to let the most impatient driver go first. They’ll most likely reveal themselves pretty quickly. Once they go, the rest of you can move to the right around the intersection to stay safe.

With these intersections, it’s also important to note that straight traffic has the right-of-way over cars who are turning and right turns have the right-of-way over left turns.

Because these rules could be subject to interpretation, it’s not always easy to establish who failed to yield when an accident occurs. Taking pictures of the crash, as well as making sure you get a police report can help, but investigators may also look at additional factors that could establish liability. These can include speeding and other forms of aggressive driving as well as whether one vehicle runs the stop sign or doesn’t come to a complete stop.

Taking all of this into account, approaching a 4-way stop defensively is key to getting through it safely and without incident. Remember to go slow, use your turn signal and keep your eye on the other drivers at the intersection. If for some reason another driver tries to take your turn in the rotation, let them go through. It’s the best way to prevent an accident.

Yielding on a green light

This may not be a situation where you naturally think about yielding. A left turn on a green light means the turning driver has to yield to oncoming traffic, but you will have a flashing arrow or green light yourself, so it’s up to you to decide if there’s a right time to take the left turn. This can present complications since there’s always a risk you’ll misjudge the gap in traffic and not complete the turn in time.

In accidents that involve a left turn on green, without a protected arrow, the turning driver will be at fault should they hit oncoming traffic. Oncoming vehicles always have the right-of-way which is why it’s so important you only turn when you know you have enough space and time to do so.

Don’t inch out into the intersection

For many, it’s enticing to start inching out into the intersection while you’re waiting for the safe space to make a left turn on a green light. If you go too far out, you could block the flow of traffic. This can create hazardous conditions on the road and lead to an accident.

Staying out of the intersection, watching the road closely and being patient are the best ways to ensure you make a safe turn while still properly yielding to oncoming traffic at a stop light.

What to do when traffic lights are out

When traffic lights malfunction, the right-of-way becomes dependent on the lights themselves. If only some of the lights are flashing red, you must stop and treat the light like a stop sign. If every light at the intersection blinks red, you’re at a 4-way stop and should follow the proper rules of the road in moving through.

If the lights flash yellow, you have the right-of-way in the intersection, but you need to slow down and proceed with caution. You do not have to yield to traffic crossing the intersection, but you need to watch out for other cars just the same.

If you get to an intersection and all the lights are out, treat it like a 4-way stop and approach with extreme caution. You may understand that stopping and being careful are essential, but there’s no guarantee everyone else will. Driving defensively in these situations is the best way to stay safe and avoid an accident where it may be particularly challenging to establish fault.

Waving someone into traffic

This accident-causing issue is often seen as a nice gesture, but it can end up getting you a failure to yield citation.

No matter how nice you want to be, it’s never a good idea to wave someone into your lane of traffic. It’s also a bad idea to allow yourself to be waved in as well. This is because of the unpredictability of all the other drivers around you. What if you wave someone in who wants to cross multiple lanes and can’t see the cars coming alongside you? What if you’re focused on the person who’s waving you in and don’t see that other car coming down the lane?

There’s also a tendency to rush when being waved in that can prevent that driver from really looking at the traffic around them as they merge.

If you ever feel like waving someone into traffic might be a good idea, stop. Remember that cars must yield to oncoming traffic with the right-of-way, and waving someone is goes against that in a potentially dangerous way.

Getting the right help after a failure to yield the right-of-way accident

Being an observant, conscientious driver is the best way to avoid being the cause of a failure to yield accident. However, it’s not certain that every other driver will be as careful as you. Should you find yourself the victim of a car accident of this type, you need to have the right team in your corner fighting for the compensation you deserve. Watson Injury Law is here for you. Reach out to us today to schedule a free consultation.

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