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Which Driver Is at Fault in a Failure to Yield Crash?

There are a wide variety of reasons why car accidents happen, including distracted driving, driving under the influence, and fatigued driving. Traffic violations are also a common cause of crashes, with failure to yield being high on that list. Failure to yield crashes can involve other vehicles, but they also frequently result in pedestrians or cyclists as victims who suffer serious injury. If you have been injured in an accident caused by another driver’s failure to yield, a Virginia car accident attorney can help.

It Is the Law

Under Virginia law, just as in all states in the country, there is a law that requires drivers to yield to others under certain circumstances. Some of these circumstances include the following:

  • Emergency vehicles: All drivers are required to yield to any emergency vehicle that has its sirens and/or lights flashing. The driver should pull over as far as they safely can to the right and stop in order to give the emergency vehicle enough room to pass. No driver should proceed until the emergency vehicle has passed.
  • Stop signs: A driver is required to yield (after stopping) to any pedestrian, cyclists, or other vehicles already in the intersection. If the intersection is a four-way stop, the first driver to arrive and stop at the intersection is the one who has the right of way and is the first one to proceed. If by chance all of the drivers arrive at the intersection at the same time, the driver who is to the right should proceed first.
  • Intersections with no stop signs or signals: A driver is required to yield to pedestrians or other vehicles already in the intersection, when a vehicle is already coming from the other direction and the driver intends on making a left turn, or when the driver is entering a highway from a secondary street or road.
  • Roundabouts: Not all states have roundabouts, and it can be evident that an out-of-state driver has never experienced driving around one. Drivers should always yield to vehicles that are already on the road when entering the roundabout. They should also yield to any pedestrians who are on any crosswalks that are just before the roundabout.
  • Driveways: Any driver who is entering or backing out into a road from a driveway should always yield the right of way to other vehicles already on the road.

Let Our Firm Help

If you or a member of your family has been injured in an accident where a driver failed to yield, contact a Virginia car accident attorney to discuss what your legal options may be. Under Virginia law, you may be entitled to compensation for your medical bills, loss of income while you recover, pain and suffering, and more.

Schedule a free consultation to discuss your personal injury case by calling 800-752-0042 to set up an appointment for a free and confidential case evaluation. At Shapiro, Appleton & Washburn, we collect our fees only when you collect compensation.




Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia