Yes. Right-of-way violations can result in traffic citations or criminal charges if they cause serious injuries or death.
A simple right-of-way violation by itself is a civil traffic infraction under Florida law, and may result in a ticket, fine, and points on your driving record. Criminal charges may follow if the violation constitutes careless driving and causes a crash resulting in injury or death.
If you are charged with careless driving, which results in property damage or injury, you will likely receive a second-degree misdemeanor and may be sent to jail for up to one year.
If death occurs, the charge is elevated to a third-degree felony, with more severe penalties, including jail time.
If failing to yield causes a crash resulting in injury or death, other criminal statutes apply. Under Section 316.1925, careless driving is a criminal offense if a driver endangers life, limb, or property. A conviction for this charge can result in jail time and a criminal record for the rest of one's life.
Willful or wanton disregard for safety constitutes reckless driving. An extreme right-of-way violation may support such a charge if the conduct demonstrated conscious disregard for the safety of others. The penalties for reckless driving are more severe than those for careless driving, and they reflect a greater degree of guilt on the part of the driver.
Hit and run or leaving the scene of a crash involving injury or death is a criminal felony if the driver does not stop and render aid. A person who leaves the scene of an accident resulting in injury can face felony charges, significant jail time, and a permanent license revocation.
The totality of a right-of-way violation and the statutory standards for careless driving, reckless driving, or hit-and-run offenses determine whether it becomes criminal. A simple failure to yield at an intersection remains a civil offense. If that failure is coupled with other dangerous behaviors, causes injury or death, or is followed by fleeing the scene, criminal prosecution is likely.
The Law Offices of Sean M. Cleary represents victims injured by drivers who violate right-of-way rules, whether the violations result in civil citations or criminal charges. Contact our Miami office for a free case evaluation if you have been injured by a driver who failed to yield.