By Andrew Phillips, The Cyclist Lawyer
I know, legal terms can get confusing, so let’s break it down.
Merriam-Webster defines Yield- Vt 2a: to surrender or relinquish to the physical control of another : hand over possession of, to surrender or submit (oneself) to another.
Failure to yield happens when a driver or cyclist does not give the right of way to someone who is legally entitled to it. In plain English, it means ignoring a rule or signal that required you to slow down, stop, or let someone go first.
Common driver examples include turning without yielding to oncoming cyclist, pulling into a a cyclist’s path or passing a cyclist and then turning across them.
Cyclists can also be at fault by running red lights or stop signs when traffic is present, failing to yield to pedestrians, or entering an intersection with out right of way.
I know you are going to say “Hey Andrew…we are allowed to roll through red lights”. That is true, but you are required to stop before you proceed and roll through the light. But the law also states that cyclists can do so when safe, and still must yield to traffic/pedestrians if present and proceed with caution.
Legally, failure to yield is a traffic violation that can show negligence, affect fault, and impact insurance or injury claims. It is one of the most common causes of cyclist-driver crashes.
Above all, be defensive. This goes for drivers and cyclists. People to make mistakes, it is better to be prepared for when that happens. You can be be right and hospitalized at the same time…it is so much better to be aware, be safe, and be home for dinner.
Ride Safe.
