Fail To Yield to Traffic?

Question

I was in a car accident yesterday with my daughter. It was a t-intersection and a school cross-walk on the main street that i was making my turn onto. I stopped at the stop sign to which the the crossing guard witnessed and looked for the traffic before i pulled out. Snow banks were quite high. As i started to proceed into the intersection a pick up truck suddenly hit me. I was attempting to turn left and ended up facing right. When the driver who hit me ended up stopping he was across the street quite some distance away. Fire and ambulance came and my daughter had to be examined as she was a little banged up and cut.

They did not charge the other driver but charged me with Fail To Yield to Traffic. I was quite upset as the accident clearly showed that the other driver was going much faster than the posted 50. The police stated that there was no way to prove that because they were not there and they had to issue a ticket to someone. It was my word against his.

Answer 1

I am afraid you were at fault. You have to yield to oncoming traffic, no matter how fast they were going. You can try to fight it, but you may not win. However, it is always in your best interest to at least try to fight it in court. Good luck

Answer 2

I'm sorry to hear about your accident. I had the same thing happen to me about 10 years ago. I was making a left turn off of a four lane highway and got hit by a lady driving at least 60 mph in a 45 mph zone.

I could only see so far down the road due to a bad curve. I told the officer that when I started turning there was nothing coming and that the lady was driving too fast. The officer told me that it did not matter how fast the other car was traveling that I was still at fault because I failed to yield the right of way.

I decided to go to court and fight the ticket but it did not do any good I still ending up paying the fine and my car insurance doubled due to the accident. The judge and officer basically made me look like an idiot in front of the whole court room and they told me that I was just trying to blame the other driver for my mistake.

I told them that I was more upset at the county than anyone else for not making the intersection safer. About every month there is at least one accident at that intersection and here it is 10 years later and nothing has been done.

I wish you luck if you decide to fight the ticket. I would ask the crossing guard to come to court with you.

Answer 3

I think you were wrong. First you were to yield to oncoming traffic which you didn't do. Police are trained to estimate traffic speed which you are not and I'm sure the last thought in your head as the truck was hitting you was not accuratley judging his speed. if your vision was obscured by piles of snow thats all the more reason to be extra careful. sorry you were at fault.

Answer 4

If the crossing guard witnessed the accident, you should be able to go to court and fight the ticket, witness in tow.

Answer 5

Yes, when a person is making a left hand turn, the person must yield to traffic, hence the ticket.  However, due to circumstances ie. snowbanks, looking for traffic etc.  there was nothing to yield to because the truck was not seen.  The driver did everything in her power to follow the rules of the road.  She had her nose out, not the whole car.  Following the rules of the road since the other vehicle was a truck, he should have seen her and he did not even slow down.  It doesn't matter she was making a left hand turn or not.  Speed can be estimated by the damage done to a vehicle as well.

Answer 6

I been there.  I was at the same thing you were at, a T intersection, excpet for mine was uncontrolled, no light, no yield sign, no stop sign.  I stopped anyways.  I was on school properity.  I was proceeding to make a left, when I was side swiped.  My frame to my car was broke. I could not start my car.  As I was going left, I was leaving campus.  The school police (community college) said it was not their properity.  The city said it was school's properity.  No one got a ticket.   Mississippi doesn't always give a ticket.  We both had to pay our own costs for the damage to the vehicles.

I would go to court, and ask the crossing guard to witness.  

The lady who hit me was also speeding.

I had no witnesses.

I know, it stinks.

Answer 7

It looks like that since you pulled out into coming traffic, try looking for witnesses that were around at the time.

Answer 8

wait until you have to go to court and present your case to the judge, samething happen to my husband 4yrs ago, failure to yield to traffic. He was turning left, noticing how far away the other car was he pulled out, before he got done making his turn he was hit, judging by the damage on the car, the judge ruled that the other driver was obviously going too fast. The car was hit so hard the passenger door was beside the driver's seat, and the roof had caved in!!!! He still had to pay a fine, but atleast he's alive, and so are you both!!!

Answer 9

Is there any witnesses beside crossing guard?

Which way truck driver was coming from?

You should also check the licence plate wire at chance.

That truck driver should have been charge, because he left the scene of accident.

Truck driver was suppose to wait in accident scene when if truck hit your car.

I agree that you should take to your local court.

If there was student, student would have been killed.

IN NYC, there are many hit-and-run incident.

One time in Brooklyn, Jewish student was going home and it was 9th Street and 3rd Av.

9th St is two-ways west-east and so does 3rd Av which is south-nourth.

Jewish student was crossing the crosswalk across 3rd Av, when monster construction truck coming from westbound 9th St was turning right, and he did not see the truck, and he dragged that student about 10-ft until witnesses told him to stop, and he was shock when he saw the victim and that student died.

Answer 10

You failed to tell us was it posted 50mph or 50km/h? Ether way, seems kind of high for a school crossing zone. Unfortunately, fail to yield is something you will have to fight in court and using snow banks as an excuse will not go well for you so don't use it. Since speed (in your opinion) was a factor against the other driver, and they were not charged, don't use that ether since you can't prove it, even with a witness.

Answer 11

Sorry but it sounds like the ticket was probably issued correctly.  I have gotten nailed the same way....I was the safe driver however someone else slammed into me and I ended up with the ticket.  I am assuming it was the way it happened for you to get the failure to yield, since you were pulling out into the road.  You could always fight the ticket in court.  My last experience did not turn out well doing this.  I understand what you are saying about the snowbanks, etc because that happens around here and you are just forced to inch out into the road until you can see something.  

Maybe you could speak to the school regarding where they pile up their snowbanks, especially for the fact that there is a crosswalk there.  And I am surprised that it is posted 50 mph in a school zone?!?!  Good luck with everything and I am glad that you and your daugher are ok!!