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Personal Injury and Wrongful Death

Failure to Yield Right of Way

If you have been in a Minnesota car accident and the other driver did not yield the right-of-way, you may have a claim against the driver, the owner of the other vehicle and others for the following:

  • Medical expenses
  • Lost income
  • Pain and suffering (includes physical pain, disfigurement, disability and emotional distress)
  • Cost of care
  • Other damages

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Intersection AccidentWhen determining whether a driver failed to yield right-of-way and caused an accident, both common law and Minnesota statutory law must be considered.

Under common law, a driver must use reasonable care when driving.

Even if Minnesota statutory law would allow a driver not to yield the right-of-way, circumstances may be such that a reasonable person would yield the right-of-way anyway.  These cases can be complex, and when appropriate, our attorneys hire experts to reconstruct the accident.

Minnesota statutory law regarding right-of-way can be found in Minnesota Statutes, Section 169.20:

Right-of-Way When Approaching an Intersection

(a) When two vehicles enter an uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(b) When two vehicles enter an intersection controlled by stop signs or by blinking red traffic signals requiring drivers or vehicles from any direction to stop before proceeding, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(c) At an uncontrolled approach to a T-shaped intersection, the driver required to turn shall yield to the cross traffic.

(d) The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which the driver might otherwise have hereunder.

Yielding Right-of-Way When Turning Left

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

Yielding at Highway

The driver of a vehicle shall stop as required by this chapter at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicles so proceeding into or across the through highway.

Vehicle Entering Roadway

The driver of a vehicle about to enter or cross a roadway from any place other than a roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.

Yield Right-of-Way to Funeral Procession

When any funeral procession identifies itself by using regular lights on all cars and by keeping all cars in close formation, the driver of every other vehicle, except an emergency vehicle, shall yield the right-of-way.

Yielding Right-of-Way to Transit Bus

The driver of a vehicle traveling in the right-hand lane of traffic shall yield the right-of-way to any transit bus attempting to enter that lane from a bus stop or shoulder, as indicated by a flashing left turn signal.

Right-of-Way at a Stop Sign

Stop Sign - Failure to Stop AccidentThe driver of a vehicle shall likewise stop in obedience to a stop sign, as required herein, at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through highway, and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.

If you have been in a Minnesota accident and want to understand your legal rights and remedies against the driver of a vehicle, insurance companies, dram shops, vehicle manufacturers and others, contact a Minnesota car accident lawyer at PritzkerOlsen, P.A. for a free consultation: 1-888-377-8900 (toll free).

PritzkerOlsen, P.A. is a national law firm with offices located in Minneapolis, MN. We will meet you at your home, the hospital or at any location that is convenient to you.

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