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Failure To Yield – Who Really Has The Right-Of-Way?

According to various news agencies, two people are seriously injured after their cars collided near Dean Bozeman School this past week. According to FHP, a 24-year-old Chipley man was driving a Ford F-250 north on Highway 77 when a 16-year old female from Southport attempted to make a left turn in a Ford Explorer across the northbound lanes near Deane Bozeman School. Troopers said the two collided which caused the truck to rollover, hit a fire hydrant, and end up in a ditch. The a Southport teen was cited for failing to yield the right of way.  Both drivers were taken to Bay Medical Sacred Heart with serious injuries. There were no passengers in either vehicle.

We hope both people that were injured in this accident have a speedy recovery.

Most traffic collisions today are avoidable, which is why they aren’t really accidents. In order to prevent these collisions, it’s important to understand what causes them. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) cite the following as the most common contributing causes of fatal motor vehicle collisions:

§ careless driving

§ failure to yield the right-of-way

§ driving under the influence of alcohol

§ driving too fast for conditions

In this unfortunate instance, we have an issue of a failure to yield the right-of-way. Florida law says who must yield (give up) the right-of-way. Every driver, motorcyclist, moped rider, bicyclist and pedestrian must do everything possible to avoid a crash. See Florida Statutes Section 316.123.

Stop Signs

You must yield the right-of-way to all other traffic and pedestrians at stop signs. Move forward only when the road is clear. At four-way stops, the first vehicle to stop should move forward first. If two vehicles reach the intersection at the same time, the driver on the left yields to the driver on the right.

Open Intersections

An open intersection is one without traffic control signs or signals. When you enter one, you must yield the right-of-way if:

§ A vehicle is already in the intersection.

§ You enter or cross a state highway from a secondary road.

§ You enter a paved road from an unpaved road.

§ You plan to make a left turn and a vehicle is approaching from the opposite direction.

When two cars enter an open intersection at the same time, the driver on the left must yield to the driver on the right.

If you or a loved one has been injured in a car accident as a result of a negligent driver’s failure to yield, contact us at Brannon & Brannon for a free consultation. (850)659-2252 or through our website :




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Our legal team consists of attorney Wm. Dennis Brannon and his son C. Paul Brannon. We work together as a father and son team to provide our clients with exceptional service and solutions in motor vehicle accident claims and other personal injury matters.
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