In Florida, right-of-way violations cause thousands of intersection crashes each year, resulting in traffic penalties, insurance consequences, and potential civil liability.
Both drivers facing citations and victims injured by negligent motorists who failed to yield can benefit from knowing the full extent of legal consequences.
In cases in which an individual is injured due to a negligent driver who fails to yield and causes serious injuries, The Law Offices of Sean M. Cleary assists you in recovering compensation that will cover your medical bills, lost income, and physical pain and suffering.
Traffic Penalties and Driver License Points
A failure-to-yield citation carries a base civil penalty of $60, though court costs and local fees typically increase the total to $150 to $300, depending on the county. Failure-to-yield convictions are assessed 3 points on your driving record by the Florida Highway Safety and Motor Vehicles agency.
You receive administrative license suspensions every time you accumulate points. If you receive 12 points within 12 months, you will receive a 30-day suspension. If you receive 18 points within 18 months, you will receive a 3-month suspension, and if you receive 24 points within 36 months, you will receive a one-year suspension. Administrative suspensions occur independently of any court proceedings.
Enhanced Consequences When Crashes Result in Injury
When a right-of-way violation leads to an injury or substantial property damage, penalties escalate dramatically. In accordance with Section 316.1925, courts may impose mandatory appearances, higher fines, and prosecute drivers for careless driving. When a driver leaves the scene of an accident after causing serious injury or death, they are liable for misdemeanor or felony penalties, along with automatic license revocation.
In many cases, the difference between a simple traffic infraction and criminal exposure is determined by whether another person was harmed by the violation.
Civil Liability and the Negligence Standard
Violating a statutory right-of-way is strong evidence of negligence in personal injury litigation. According to Florida courts, drivers have a duty to care for other road users as set forth by state traffic statutes. If a driver fails to yield and causes an injury, victims can pursue compensatory damages, including medical costs, lost wages, future care, and pain and suffering.
Rear-end collisions in Florida are also subject to the rebuttable presumption that the rear driver was negligent. The presumption shifts if the lead driver is not negligent, as established in Birge v. Charron, Cevallos v. Rideout, and Clampitt v. Spencer Sales. Often, this doctrine applies when a vehicle fails to yield and is struck from behind. Right-of-way violations resulting in death are protected by Florida's wrongful death laws, which provide remedies to surviving family members, including compensation for support, services, companionship, and funeral costs.
Legal Representation for Right-of-Way Accident Victims from Sean M. Cleary
At The Law Offices of Sean M. Cleary, we represent victims injured by drivers who violated statutory right-of-way rules.
Our car accident lawyer has over 25 years of experience in handling injury cases. He knows how traffic citations strengthen negligence claims and uses statutory violations as leverage in settlement negotiations and litigation.
Reach out to our Miami office for a free case review if a failure-to-yield crash left you with injuries.
We'll assess the strength of your claim and map out a strategy to secure the damages you deserve.