Failure to Yield (Brevard County)

Facts: Our client was the operator of a tractor trailer that was leaving a storage unit facility and making a left hand turn. He checked that the lanes were clear and entered the median. However, due to the length of his trailer part of the trailer remained in the inside lane. Our client had to wait for a few moments before he could proceed through the median. In that time a car came around the corner at a high rate of speed and struck our client’s trailer causing serious injury to herself and her passenger. When law enforcement arrived our client was cited for failing to yield.

Results: Our client came to us regarding this traffic matter, but there was also civil litigation pending. Additionally, our client holds a CDL and an adjudication as to this traffic violation would put his livelihood at jeopardy. So, rather than what occurs in many traffic cases where a lawyer goes to court without their client and enters a plea and begs for mercy as to withholding of points we took his case to trial on the traffic issue. At the trial all of the witnesses indicated that our client looked both ways before proceeding into the median and that no one was coming when he entered the roadway. And, as an added wrinkle to this trial, the woman injured in the accident had her attorney present and he was permitted to ask questions of the witnesses. We were able to argue that our client did not fail to yield as all of the testimony was that he looked before entering the intersection and that no one was coming. The judge ruled in our favor and found our client not guilty. And, because we were able to get all of the information we needed from the witnesses we were able to prevent our client from testifying and being subject to questioning by the civil attorney present, preserving any potential issues that could pose on his pending civil litigation.