Failure to Yield: Yeargan & Kert, LLC

failure to yield

In 2008, the National Highway Transportation Safety Association reports that 4,378 pedestrians were killed and 69,000 pedestrians were injured in failure to yield accidents. Motor vehicle drivers in the state of Georgia must make sure to follow all traffic laws including some regulations that are not often as remembered or followed including rules regarding how motor vehicle drivers must yield while driving. Many motorists are surprised to learn that failure to yield is the second leading contributing factor to motor vehicle accidents in the state of Georgia.

Applicable Georgia Law


As one of the leading states in driving states, Georgia has various right of way laws. Some of these laws pertain to yield signs that are intended to directly inform motor vehicle operators about prohibited practices. Yield signs in the state of Georgia signal that other motor vehicles have the right of way and also notify motor vehicle drivers that the driver must both slow down to safe speed and be fully prepared to stop.

Motor vehicle drivers should always remember to yield to bicyclists and pedestrians who might be located at intersections, on sidewalks, or in the middle of bicycle lanes. Motor vehicle operators in the state of Georgia must remember to follow these various regulations regarding proper yielding:

  • Bicycle and Motorcycle Riders. Individuals who are riding bicycles or motorcycles have the same rights as other motor vehicles and must make sure to yield to other bicycles or motorcycles on the road.
  • Emergency vehicles. Motor vehicle operators should remember to safely attempt to move to the shoulder when the driver is in the vicinity of emergency vehicles belonging to services like ambulances, fire departments, and law enforcement. Motor vehicle drivers should remember that in situations involving emergency vehicles, Georgia’s move-over law applies. The move-over law requires all motor vehicle operators to move over one lane whenever possible and safe to do so if an emergency vehicle is parked on the adjacent shoulder of the road. In addition to emergency vehicles, Georgia’s move-over law also applies to all highway maintenance vehicles that enter or exit the highways. Work vehicles and heavy equipment frequently utilize certain types of lights in order to alert motor vehicle operators. Motor vehicle drivers should remember to reduce their speed when approaching any type of work zone. Charges involving violations of move-over laws in the state of Georgia are classified as moving violations and will result in fines up to five hundred dollars.
  • Four way intersections. At these locations, motor vehicle drivers should remember the “first to arrive, first to proceed” rule which states that motor vehicle operators should take their turns to proceed at these locations. When two or more motor vehicle operators arrive at an intersection at the same time, motor vehicle drivers should follow the “vehicle on the right” principle which states that the motor vehicle on an individual’s right should be allowed to proceed first.
  • Intersections without signage. In the absence of stop or yield signs, motor vehicle drivers in the state of Georgia should remember that vehicles on the right always have the right of way.
  • Making a left-hand turn. Motor vehicle operators must remember to yield to all oncoming traffic.
  • Merging. Motor vehicle operators should use both lanes of traffic to adjust their speed and vehicle position so that all vehicles in the vicinity of the merger are allowed to participate in the merger safely. If it all possible, motor vehicle drivers should remember to change lanes away from the merging lanes when possible.
  • Roundabouts. Motor vehicle drivers should always yield to vehicles when driving in roundabouts as well as to always proceed with caution when driving in these areas.

In addition to the various rules and principles, motor vehicle drivers in the state of Georgia should always remember to follow one additional piece of advice: in situations where a motor vehicle driver might be unsure about how to proceed, it is always best for motor vehicle operators to yield for safety reasons.     

Negligence in Failure to Yield Case


One other significant consequence of failure to accidents are that these convictions can be used against a motor vehicle operator in a civil case. Individuals who are injured in failure to yield accident in the state of Georgia might file lawsuits. Individuals who are injured in failure to yield cases will likely be able to establish cases for compensation if the individual can demonstrate that: the responsible motor vehicle driver owed the injured party a duty, that the motor vehicle driver breached this duty, and that the motor vehicle driver’s failure to yield was a cause of the resulting injuries. There are other particular methods that injured parties can use to demonstrate that a motor vehicle operator was responsible for the injuries as well.

Types of Failure to Yield Accident


There are a number of accidents that can occur including failure to yield including bicycling, motorcycling, multiple motor vehicle, and pedestrian accidents. In many situations, these accident occur because a motor vehicle driver has not allowed enough time or space to complete a driving maneuver.

Contact a Skilled Georgia Accident Attorney at Yeargan & Kert, LLC


Over seventy motor vehicle drivers in the state of Georgia are injured every hour. Defensive driving and staying informed about the applicable rules of the road are the best ways for motor vehicle operators to avoid being involved in failure to yield accidents. Drivers found responsible for failure to yield accidents in the state of Georgia can be held liable for a variety of damages including lost wages, medical bills, property damages, and various other types of harm that might have been caused. Contact Yeargan & Kert, LLC our firm today to retain the assistance that you need to make sure that a failure to yield cases resolve in a positive manner.

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