A failure-to-yield crash can turn an ordinary day upside down. One second you’re moving through an intersection or making a routine turn; then suddenly and without warning, you’re dealing with the shock of an impact, a damaged car, and painful injuries that disrupt your life. If this has happened to you or someone you love, you are not alone, and you don’t have to face the aftermath by yourself.
At Crescent City Personal Injury in New Orleans, our attorneys, led by John Radziewicz, are dedicated to helping victims of failure-to-yield accidents understand their rights, protect their claims, and fight for the compensation they deserve. Below, we explain Louisiana’s failure-to-yield laws, the penalties drivers face, how fault is determined, and what steps you should take after a crash.
What Counts As “Failure To Yield” In Louisiana?
“Yielding” refers to giving the right-of-way to another vehicle or pedestrian. Louisiana law sets out specific situations where drivers must slow down or stop and let others proceed first. Ignoring these duties isn’t just a traffic violation, it can also make a driver financially responsible when someone else is injured.
Common Right-Of-Way Situations
Knowing the rules of the road not only keeps traffic flowing smoothly but also prevents dangerous misunderstandings that can cause serious injuries. Here are some of the most common right-of-way situations under Louisiana law:
Four-Way Stops & Equal Arrival
If two vehicles reach an intersection at the same time, the driver on the left must yield to the driver on the right. At a four-way stop, the first vehicle to stop proceeds first.
Left Turns
Drivers making left turns must yield to oncoming traffic that is already in the intersection or close enough to be a hazard.
Stop & Yield Signs
At stop signs, drivers must come to a complete stop and yield to vehicles already in or approaching the intersection. At yield signs, drivers must slow down (and stop if necessary) and allow vehicles and pedestrians with the right-of-way to proceed.
Entering From A Driveway Or Private Road
Drivers entering a highway from a driveway, alley, or private road must yield to pedestrians on the sidewalk and to vehicles approaching on the roadway.
Pedestrians In Crosswalks
Drivers must yield to pedestrians who are lawfully in a crosswalk on the roadway they are traveling on or turning onto.
How Fault Is Decided After A Failure-To-Yield Crash
Breaking a yield rule is strong evidence of negligence, but determining fault involves more than just citing a traffic law. Investigators, insurance companies, and courts will look at the entire context of the crash, such as speed, visibility, and driver behavior.
Louisiana follows a comparative fault system. This means that if you are partially at fault for an accident, your compensation may be reduced by your percentage of fault. For example, if you are found 20% responsible, your total recovery will be reduced by 20%. Starting in 2026, as enacted by Louisiana House Bill 431, Louisiana law will bar recovery entirely if a driver is found 51% or more at fault.
What Evidence Helps Prove A Failure-To-Yield Case?
Strong evidence can make or break a claim. Important types of evidence include:
- Police crash reports
- Traffic tickets or citations issued to the at-fault driver
- Eyewitness statements
- Photos and videos of the scene
- Traffic camera or dashcam footage
- Accident reconstruction reports
- Medical records showing your injuries
At Crescent City Personal Injury, we take on the responsibility of gathering and preserving this evidence so you can focus on your recovery.
Possible Compensation for Failure-to-Yield Crash Victims
Victims of failure-to-yield crashes may recover compensation for:
- Medical expenses and future care needs
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage and vehicle repairs
- Wrongful death damages for surviving family members
Louisiana has strict deadlines for filing personal injury claims, and missing them can mean losing your right to compensation. For most accidents occurring on or after July 1, 2024, the deadline is two years from the date of the crash. For earlier accidents, the time limit may be just one year. Because these rules recently changed, it’s important to confirm the deadline for your case with an attorney as soon as possible.
Contact Crescent City Personal Injury Today
If someone ignored the right-of-way and you were injured, don’t wait to get help. Evidence can disappear quickly, and legal deadlines move fast. Our team of seasoned personal injury lawyers serving New Orleans and throughout Louisiana is here to listen, explain your options, and take action on your behalf.
Contact us today at 504-608-0084 for a free consultation. You focus on healing and we’ll focus on the fight.
Frequently Asked Questions
1. Who has the right-of-way at a four-way stop?
The first vehicle to stop proceeds first. If two vehicles arrive at the same time, the driver on the left must yield to the driver on the right.
2. Is the left-turning driver always at fault?
Often, but not always. A left-turning driver must yield to oncoming traffic that’s in the intersection or close enough to be hazardous. If the oncoming driver ran a light or was speeding, fault can be shared under Louisiana’s comparative-fault rules.
3. What are the penalties if someone is hurt or killed because a driver didn’t yield?
Fines escalate from $200–$5,000, with potential license suspensions and, depending on severity, up to 12 months’ jail.
4. How long do I have to file an injury claim after a failure-to-yield crash?
For crashes on/after July 1, 2024, most tort claims have a two-year deadline; earlier crashes generally had one year. Confirm your exact deadline with an attorney right away.
5. Can I recover if I’m partly at fault?
Yes, your recovery is reduced by your share of fault. For accidents on or after January 1, 2026, if you’re 51% or more at fault, recovery is barred; otherwise, your award is reduced proportionally.
6. What should I do right after a failure-to-yield crash?
Call 911, get medical care, photograph the scene and signs, gather witness info, and avoid giving recorded statements to insurers before speaking with a lawyer.