When a driver does not yield the right of way to other vehicles, pedestrians, or cyclists as required by law, they may be issued a ticket. Although this traffic infraction might seem minor, it can have serious consequences. Failure to yield is one of the leading causes of traffic accidents in New Jersey and across the nation.
If you have been issued a failure to yield ticket in New Jersey, you deserve expert legal representation to fight the ticket and avoid penalties. This article explains failure-to-yield laws in New Jersey, providing valuable insights for drivers who may be challenging a ticket. Understanding your rights and responsibilities and consulting with an attorney can make a substantial difference when fighting your ticket.
What Constitutes Failure to Yield in NJ?
A failure-to-yield ticket is often issued when a driver does not yield to other drivers who have the right-of-way. Alternatively, a citation can be issued for failing to yield to pedestrians.
According to N.J.S.A. 39:4-90:
- A driver must yield the right of way to vehicles that have already entered an intersection.
- A driver must yield to another driver on the right when their vehicles enter an intersection at the same time.
- Drivers turning left must yield to oncoming traffic, but they can make the turn after yielding and signaling.
According to N.J.S.A. 39:4-144:
- After coming to a complete stop within five feet of a crosswalk or stop line, drivers must yield the right of way to oncoming traffic on the intersecting street.
- When approaching a yield sign, drivers must slow down to a reasonable speed and yield to all oncoming traffic on the intersecting street.
- Drivers intending to turn right at an intersection with stop or yield signs must stop and remain stopped for pedestrians crossing marked or unmarked crosswalks.
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Consequences of Failing to Yield in NJ
Drivers who are issued a failure to yield ticket for failing to yield at an intersection and to other drives who have right of way can face several potential penalties in NJ:
- Failing to yield at an intersection results in a fine of $85
- Failing to yield in a safe corridor, construction zone, or 65 mph area results in a fine of $140.
- For either infraction, two points are added to the driver’s license.
- Increased insurance premiums can result, depending on their insurance provider and the severity of the violation.
- Civil and/or criminal liability can result if the failure to yield causes an accident, damages, or injuries.
Possible Defenses for a Failure to Yield Ticket in NJ
There are a variety of defenses one can use to get a failure-to-yield ticket dismissed or the penalties reduced. The appropriate defense or defenses will depend on the situation, but some of the most common defense strategies include:
- Fault of the other driver. The other driver that one did not yield to was negligent or did not follow traffic laws, such as by running a red light or speeding, which caused or contributed to the failure to yield.
- Mechanical issue. There was a vehicle malfunction, such as a brake failure or steering issue, that caused or contributed to the failure to yield.
- Emergency or necessity. The driver failed to yield in order to avoid an accident or another emergency situation.
- Unclear or ambiguous traffic signage. The intersection had unclear signage or the signage was obstructed, such as by a tree.
- Condition of the intersection or road.: There were hazardous road conditions, such as slippery surfaces or construction work, that caused or contributed to the failure to yield.
An experienced traffic ticket attorney is best equipped to select the right defense strategy. Consulting an attorney greatly increases the odds of a favorable outcome.
Contact Rosenblum Law Today
It can be costly and feel overwhelming if you are issued a ticket for failure to yield, but you can fight the ticket with the help of a traffic ticket attorney at Rosenblum Law. At Rosenblum Law, our attorneys have extensive experience helping drivers navigate the legal challenges of failure-to-yield violations.
One of our attorneys will explore every option and defense strategy to minimize the fines, points, and other consequences associated with your ticket. Don’t let a failure-to-yield ticket impact your wallet, driving record, or insurance rates. Contact us today for a free consultation to discuss your case and explore your options.
