Failure to Yield Accident Lawyer

The failure to yield is one of America’s top causes of car accidents. In 2019, it ranked third as a leading cause of fatal accidents and accounted for 7.3% of deadly crashes. This percentage amounted to almost 4,000 lives lost on the road. Whether you lost a loved one or suffered injuries, working with an experienced attorney might help you secure compensation.

What Is the Failure to Yield?

The failure to yield is a type of negligence. It occurs when a driver does not give another vehicle, pedestrian or cyclist the right-of-way. This can result in serious accidents, including head-on collisions and T-bone accidents. Failure to yield also violates a code of trust on the road, so other drivers might have difficulty avoiding these accidents.

How Does the Failure To Yield Happen?

There are many ways that the failure to yield can occur. These are some of the most common:

  • Cutting off another driver while merging onto the highway
  • Failing to stop at a stop sign or red light
  • Turning left in front of oncoming traffic
  • Passing on the shoulder of the road

What Should You Do After an Accident Involving the Failure To Yield?

After an accident, you might feel shock, anger or sadness. These emotions can become overwhelming and make it difficult to focus. In some cases, head injuries can make this even more difficult. If you can think clearly, you can consider some general actions after an accident.

Conduct a Wellness Check

The first thing doctors recommend is ensuring that you and your passengers are okay. If you have any injuries, you should seek medical attention as soon as possible. Even if you do not have any apparent injuries, you might want to get a check-up from your doctor to ensure that you do not have any internal injuries.

Collect Information at the Scene

Collect information about the other driver, passengers and witnesses at the scene. This information includes names, contact information, driver’s license numbers and insurance information. If you have a camera or phone, take pictures of the damage to both vehicles. It is also helpful to take photos of the scene, including road conditions, skid marks and traffic signs.

Call the Police

If you or anyone else suffers injuries, you should call the police. The police will create a report that your accident lawyer can use as evidence in your case. In some states, you need to file a police report after an accident, while others set a threshold based on estimated damage or type of property damage.

Get Medical Treatment

If you are injured, you should seek medical attention as soon as possible. In some cases, you might not feel pain or symptoms until days or weeks after the accident. A delay in treatment can make it more difficult to prove that your injuries are related to the accident.

Work with an Attorney

You might feel capable of handling everything yourself, but an experienced attorney can be a valuable ally. An attorney can investigate the accident, collect evidence and negotiate with insurance companies. If you have suffered severe injuries, you might be facing a long road to recovery. An attorney can make a strong argument for the compensation you need to focus on your recovery.

What Are Some Common Causes of Failing To Yield?

The obvious answer is that the people who failed to yield deliberately chose not to stop or slow down. However, much more is often going on behind the wheel that contributes to these accidents.

Distracted Driving

One of the most common causes of failing to yield is distracted driving. Distracted driving is anything that takes your attention away from the road. Distracting tasks can include talking on the phone, texting, eating and drinking, and changing the radio station.

Impaired Driving

Another common cause of failing to yield accidents is impaired driving. Examples include driving under the influence of drugs or alcohol. It can also include driving while fatigued. In some cases, people become impaired while using legal or legitimately prescribed medicines. The court might still hold them partially accountable.

Reckless Driving

Reckless driving can include speeding, tailgating and weaving in and out of traffic. It is often the result of aggressive driving and road rage, but some people drive like this all the time. These people might deliberately speed through red lights or stop at a red light.

Brake Failure

When brakes fail, drivers may not stop in time to avoid an accident. In these cases, courts might hold the driver accountable if he or she did not complete routine maintenance. If they did do maintenance work, other parties could become liable, such as the mechanic or manufacturers of the brake parts.

What Are the Penalties for Failure To Yield?

The penalties for failure to yield vary by state. In some cases, drivers might only receive a ticket. However, if they cause an accident, they could face fines or jail time. Injured persons or the survivors of deceased victims can pursue a personal injury or wrongful death case, respectively. This could lead to thousands or even millions of dollars of compensation.

What Are the Potential Damages Available to Potential Victims?

If the court holds the other party responsible for the accident, you could receive compensation. How much you receive depends on the level of negligence and the severity of the injuries. Compensation generally falls into these categories.

Medical Bills

Bills include the cost of emergency care, hospitalization, surgery and rehabilitation. It also covers any future medical expenses you might incur. Sometimes, your attorney might wait for a precise diagnosis and recovery prognosis before pursuing a personal injury case.

Lost Wages

If you miss work because of your injuries, you might have the opportunity to recover your lost wages. Your attorney might consider the time you miss while in the hospital and while you recover. If you are unable to work in the future, you might receive compensation for your lost earning potential.

Pain and Suffering

It can be challenging to place a value on this type of compensation. Your attorney will use several factors to calculate this amount, including the severity of your injuries, age, and life expectancy.

Emotional Distress

This type of damage is similar to pain and suffering, but specifically for the emotional anguish that you experienced. Examples include anxiety, depression and post-traumatic stress disorder.

Punitive Damages

In some cases, you might also be able to receive punitive damages. These are damages intended to punish the other party for their negligence. You might receive punitive damages in cases where the other party showed a complete disregard for the safety of others.

Funeral and Burial Expenses

If you are pursuing a wrongful death case, you might recover funeral and burial expenses. You might also be able to recover the lost income of the deceased. In some cases, you might receive punitive damages if the death resulted from gross negligence.

How Can a Failure To Yield Accident Lawyer Help?

The aftermath of a car accident can quickly become overwhelming. From health care to insurance claims, the work can pile up quickly. An experienced attorney at Cellino Law can review your case and determine an appropriate course of action. Your attorney then handles the paperwork, phone calls and negotiations while you focus on recovering.

Are you ready to work with experienced personal injury attorneys with a strong record of success? Contact our team to schedule a free case review.



Free Case Review



  • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.


  • We want to send a big "Thank you" from the both of us. We know you both fought for us and did a great job with our case. You did it in a timely manner and we appreciate it.

    Kerrijo & Jerry

  • Thank you for all your help. It has been a long journey. At last, the light at the end of the tunnel. Also, thank Tom for the help and work he put in.


  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.


  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.


  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose