Failure to Yield Traffic Violations Defense Attorney
Serving Horry & Georgetown Counties: Little River, Myrtle Beach,
North Myrtle Beach, Carolina Forest, Conway, Surfside Beach, Murrell's Inlet, Longs, Aynor, Latta, Dillon, and Georgetown
A lot of traffic tickets are written in the Myrtle Beach area due to accidents that occur at intersections or traffic signals. The police officer that writes the ticket does not usually witness the accident and writes a ticket to the driver that he deems at fault for failure to yield the right of way. The driver, if found guilty of the charge, faces insurance premiums going up, fines, and points against their license. The Chambers Law Firm can help you fight your failure to yield right of way charge. Many times the alleged victim does not wish to show up at the trial and since the officer did not see the accident, there is no evidence that allows the officer to go forward with the case. If you need a traffic ticket attorney, call Trent Chambers at (843) 692-7953.
South Carolina Right of Way Statutes
§ 56-5-2310. Vehicles Approaching or Entering Intersection
(a) When two vehicles approach or enter an 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) The right-of-way rule in subsection (a) is modified at through highways and as otherwise provided in this chapter.
§ 56-5-2320. Vehicle 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.
§ 56-5-2330. Stop Signs and Yield Signs
(a) Preferential right-of-way may be indicated by stop signs or yield signs as authorized by the Department of Transportation or local authorities.
(b) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line but, if none, before entering the cross-walk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting road before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. If such driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right-of-way.
§ 56-5-2350. Vehicle Entering Roadway
The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
§ 56-5-2360. Operation of Vehicles on Approach of Authorized Emergency Vehicles
(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700, or of a police vehicle properly and lawfully making use of an audible signal or visual signal, the driver of every other vehicle traveling along a two-lane roadway shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible, to the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. A driver of a vehicle traveling along a multilane roadway shall yield the right-of-way and shall remain in, or move to a location that allows the emergency vehicle or police vehicle to pass safely, except as otherwise directed by a police officer.
§ 56-5-2370. Highway Construction and Maintenance
(a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway traffic construction or maintenance area indicated by official traffic-control devices.
(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of Section 56-5-4650.