Miami Failure to Yield Car Accident Lawyer

 When another driver ignores the rules of the road and crashes into you, you deserve a team that knows how to win in Miami and across South Florida. At Gerson & Schwartz, P.A., we bring more than five decades of proven advocacy to every case, and we are widely recognized for excellence, including listings in Super Lawyers and Best Lawyers, a Justia 10 ranking, and outstanding Google reviews. If you need a Miami failure to yield car accident lawyer, we are ready to protect your rights, build your claim with precision, and pursue the full measure of compensation you deserve.

As Miami car accident lawyers, we guide clients through every step with clear communication, compassion, and relentless preparation. At Gerson & Schwartz, P.A., you get a trial-ready team that treats your case like it’s our only case, start to finish.

Failure to yield crashes occur when a driver proceeds despite another road user having the right of way, whether that road user is a motorist, a pedestrian, or a bicyclist. Florida’s Driver’s Handbook does not grant anyone an absolute right of way; it tells drivers when they must yield to others. In practice, this means knowing when to let someone else proceed, anticipating hazards, and making safe and courteous choices at every intersection, roundabout, driveway, and crosswalk. When drivers fail to fulfill these duties, the result can be devastating injuries and costly losses.

Car wrecks remain a significant public health problem. National data show that millions of emergency room visits occur in a single year for adult drivers and passengers, with Florida alone incurring substantial work loss and medical costs. These numbers are more than statistics; they represent neighbors, coworkers, and family members across Miami-Dade who suddenly face medical bills, missed paychecks, and long recoveries after a crash that could have been prevented. 

We see these collisions repeatedly in the same settings across Miami and the surrounding areas. At four-way stops, the vehicle that arrives first should proceed first. If two cars arrive at the same time, the one on the right has priority. At open intersections without signs or lights, drivers must let vehicles already in the intersection proceed, yield when entering a state highway from a secondary road, yield when entering a paved road from an unpaved road, and yield when turning left across oncoming traffic. In roundabouts, entering vehicles must yield to cars already circulating, signal before exiting, and give pedestrians in crosswalks the right of way while allowing bicyclists to travel either in the lane or on designated paths. Drivers emerging from alleys or driveways must yield to traffic on the roadway and to people on sidewalks. All motorists must move safely to the right and stop when emergency vehicles approach using lights or sirens. These rules reflect common-sense safety and the law, and when they are ignored, collisions follow.

Right of way is not a reward for being decisive; it is a legal duty to yield when required. In Miami intersection cases, we investigate sightlines, lane markings, traffic-signal timing, stop-bar placement, and approach speeds. We analyze whether one driver entered the intersection first, whether a left-turning vehicle cut across an oncoming lane, and whether a driver rolling out from a driveway or side street failed to yield to pedestrians or through traffic. Our goal is straightforward: to establish a clear narrative, supported by evidence, that identifies who had the duty to produce and who failed to fulfill it. 

We build cases with methodical attention to detail. We secure police crash reports, canvass for video footage from traffic cameras, businesses, and residences, gather data from vehicle infotainment systems when available, and interview witnesses. At the same time, their memories are still fresh and accurate. We work with investigators and forensic experts to map vehicle paths, measure skid or yaw marks, and evaluate property damage patterns that reveal which vehicle encroached where it should not have. When necessary, we create demonstrative exhibits that make the right-of-way violation unmistakable to claims adjusters, mediators, judges, and juries.

These collisions can produce neck and back injuries, concussions and other traumatic brain injuries, fractures, internal trauma, and soft-tissue damage that lingers long after the vehicles are repaired. The financial impact can include emergency care, hospitalization, surgeries, rehabilitation, prescription costs, in-home help, vehicle replacement, and time away from work. We also pursue compensation for pain and suffering, inconvenience, loss of enjoyment of life, and, when warranted, disfigurement and future medical needs. The law exists to make crash victims whole, and our role is to translate real-world harm into documented damages supported by medical and economic proof.

Every case is different, but the categories of compensation often include medical expenses, lost wages and loss of earning capacity, property damage, and non-economic losses such as pain and suffering. We also evaluate claims for future care, vocational retraining, and the cost of mobility aids or home modifications. If an insurer disputes fault, we marshal the evidence and press forward to establish our case. If an insurer accepts fault but undervalues the harm, we prepare the case for trial and push for a verdict that reflects the truth of our client’s losses. 

Florida imposes strict deadlines for filing personal injury claims. Waiting can jeopardize your rights by allowing evidence to be lost and memories to fade, which is why early legal action is so necessary. When you contact us promptly, we can preserve evidence, protect you from aggressive insurance tactics, and establish a solid foundation for your claim from the outset. 

Yes, depending on the location and traffic control, pedestrians in crosswalks and cyclists using the roadway or designated facilities are often entitled to proceed first while motorists must yield. Many failure-to-yield cases involve turning vehicles cutting across a crosswalk, drivers entering or exiting parking lots without scanning for pedestrians, or motorists entering roundabouts without waiting for a gap in traffic. We understand the infrastructure patterns in Miami that commonly lead to these conflicts, and we tailor our investigations accordingly. 

Safety comes first. Call 911, seek medical attention, and follow your treatment plan. Photograph the scene if possible, capturing vehicle positions, traffic control devices, damage, debris, and any visible injuries. Collect names and contact information for witnesses, exchange insurance details, and refrain from discussing fault at the scene. Notify your insurer promptly. Before giving a recorded statement to any carrier, please speak with us first. We will handle communications with insurers, protect you from lowball offers, and map out the best strategy for your claim.

We have represented accident and injury victims for over fifty years, and our results reflect our deep experience in Florida negligence law and trial practice. Our firm is honored to be recognized by Super Lawyers and Best Lawyers. We hold a 10-star rating on Justia, and our Google reviews reflect the care and commitment we bring to each client. We prepare every case as if it will be tried to a verdict, which allows us to negotiate from a position of strength. We limit our caseload to ensure that each matter receives the attention it deserves, and we never forget that behind every file is a person who has placed their trust in us during a difficult time. 

Our roots are in Miami, and our practice extends throughout Miami-Dade County, as well as to neighboring Broward and Palm Beach counties. We are familiar with the streets, intersections, and traffic patterns where failure to yield crashes occur repeatedly, ranging from neighborhood four-way stops to complex multi-lane roundabouts and busy state highways. This local knowledge enables us to identify surveillance sources, locate witnesses, and explain how a collision unfolded in a manner that resonates with local jurors and adjusters. When you work with us, you get a team that combines statewide legal acumen with neighborhood-level familiarity.

We operate on a contingency fee, so you do not pay attorney’s fees unless we recover compensation for you. From the first call, we listen carefully, answer your questions with candor, and keep you informed, because accountability and communication are essential to a strong attorney-client relationship. We coordinate with your doctors, help document your injuries and expenses, and make the process manageable so you can focus on healing while we focus on results.

Florida cases often involve comparative fault defenses, where an at-fault driver or insurer argues that you should have yielded or could have avoided the crash. We respond by highlighting timing, distance, and visibility, by showing when a safe driver in your position could not have prevented the collision, and by demonstrating how the other motorist’s decision to go first created the hazard. We present testimony, diagrams, and, when helpful, accident reconstruction to show exactly who failed to yield and why that choice caused your injuries.

Many cases resolve through settlement once the evidence of fault and damages is clear and undisputed. Others require litigation and, sometimes, a verdict to achieve full value. We explain the pros and cons of every path, prepare you for each milestone, and provide candid recommendations grounded in decades of courtroom experience. Our reputation for readiness often leads to fair resolutions without trial, but we are prepared to try your case whenever that is the best way to serve your interests.

If you or someone you love was hurt because another driver failed to yield, you are not alone, and you do not have to navigate the aftermath by yourself. Gerson & Schwartz, P.A. serves accident victims across Miami and the surrounding areas, combining rigorous preparation with compassionate client service, and leveraging recognitions from Super Lawyers and Best Lawyers, a Justia 10 rating, and excellent Google reviews. We strive to be among the top advocates for injured individuals in South Florida, and we are committed to pursuing the accountability and compensation you deserve.

Contact Gerson & Schwartz for a complimentary consultation. We are here to listen, to advise, and to fight for you.