Liability for Injuries Caused by Failure to Yield Car Accidents

liability for failure to yield car accidentsAll drivers have a duty to obey the rules of the road to prevent harm to themselves and others. This includes yielding to other drivers and pedestrians in certain situations. Failure to yield the right of way as required by law can cause a serious car accident and potentially lead to liability for any resulting injuries.

If you have been hurt by a motorist who failed to yield, you may be eligible to pursue compensation against the at-fault driver. Our legal team is ready to discuss your rights in a free consultation.

Who Has the Right of Way in Wisconsin?

Wisconsin’s right-of-way laws dictate who goes first and who must wait and yield in traffic. These laws are in place to remind motorists to share the road with others and do everything they can to avoid a preventable accident. Your lawyer can review these laws to help determine whether the other driver involved in your accident is at fault for the crash.

When Drivers Must Yield the Right of Way

Drivers must yield the right of way in the following situations:


When you come to a four-way stop without a traffic signal, you must come to a full stop and then proceed. The first motorist at the intersection has the right of way. When you approach an intersection without a traffic signal at approximately the same time as another vehicle, you must yield to any vehicle approaching from the right. When a vehicle is speeding the driver of that vehicle forfeits the right of way.

When you enter a roundabout or traffic circle, you must yield the right of way to traffic from the left. Drivers must also yield the right of way for traffic already on the main road if they are entering a road from a driveway or alley. If you are on a dead-end road, you are required to yield to cross-traffic.

Pedestrian Crossings

When approaching an intersection controlled by a traffic signal or traffic officer, you are required to yield to a pedestrian or bicyclist in a crosswalk if he or she is using the crosswalk in a safe manner. This is in accordance with Wisconsin statute 346.23.

Motorists at an intersection or crosswalk not controlled by a traffic signal or traffic officer are also required to give a pedestrian the right of way when he or she in a marked or unmarked crosswalk. A pedestrian not in a marked or unmarked crossing would need to yield the right of way to any motorist.

You are also required to stop no less than 10 feet away from a pedestrian using a guide dog or carrying a white cane or walking stick until he or she is off the road, regardless of whether the pedestrian is violating any laws applicable to pedestrians.

Emergency Vehicles

You are required to yield the right of way to any emergency vehicles using an air horn, siren or red or blue flashing lights. These vehicles could include:

  • Police cars
  • Ambulances
  • Fire trucks

If an emergency vehicle is approaching from any direction, you must to pull over to the right side of the road or near the right as you safely can, listen for instructions from the vehicle’s loudspeaker and remain standing in such position until the emergency vehicle has passed.

Despite these laws, many motorists continue to disregard them and cause serious car accidents. Understanding these rules, however, is important to protect yourself and others in any given situation.

What If Someone Fails to Yield the Right of Way?

Drivers who fail to yield the right of way can be stopped by the police, issued a citation and can get four penalty or demerit points added to their driving record.

Additionally, if the driver’s failure to yield resulted in a crash, you could file a claim against the at-fault party for damages you suffered. An Oshkosh auto accident lawyer from our firm knows how to prove a driver’s failure to yield violated his or her duty to use reasonable care and caused your injuries.

You may be eligible to seek compensation to help cover past and future medical bills and lost income. Wisconsin allows recovery provided you are not more at fault than the other party for the accident.    

Get the Compensation You Need After an Accident

At Sigman Janssen, we offer comprehensive legal representation to many car crash victims, including those involved in failure to yield accidents. Our lawyers are prepared to review your situation and discuss the legal remedies that may be available to you in a complimentary, no-obligation consultation.

If we determine that you have a valid claim, you pay us nothing up front for our services unless we collect compensation on your behalf.

Call (877) 888-5201. Serving Clients Throughout Wisconsin.