Failure To Yield Accidents

Serious Injuries When a Driver Fails to Yield While Making a Left Turn in NYC

A failure to yield accident occurs when a driver ignores their legal obligation to give the right-of-way to another vehicle, pedestrian, or cyclist — and the result is a preventable, often devastating collision. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, represents victims seriously injured in failure to yield crashes across all five boroughs and surrounding counties. With more than 30 years of personal injury experience, Brett knows exactly how to prove right-of-way violations and hold negligent drivers fully accountable.

In New York City, failure to yield to pedestrians is cited in more than 5,200 crashes annually, according to NYPD Vision Zero data — making it one of the top five contributing factors in all reported collisions. Failure to yield is the leading cause of pedestrian fatalities at intersections nationwide, according to the National Highway Traffic Safety Administration (NHTSA). In 2024, NYC recorded 108 pedestrian fatalities, with intersection failure to yield violations among the most common cited causes. These crashes are not accidents in any meaningful sense — they are the foreseeable result of a driver’s deliberate choice to disregard a traffic law that exists specifically to protect human life.

New York’s no-fault insurance system under Insurance Law §5103 provides up to $50,000 in basic economic loss coverage for medical bills and a portion of lost wages through your own insurer, regardless of fault. To file a lawsuit against the driver who caused your failure to yield accident, your injuries must meet the serious injury threshold under Insurance Law §5102(d) — including a fracture, permanent limitation, significant disfigurement, or a 90/180-day disability. Your no-fault application (Form NF-2) must be submitted to your insurer within 30 days of the crash. If a government vehicle caused your crash or a defective signal contributed to it, a Notice of Claim under General Municipal Law §50-e must be filed within 90 days.

New York’s Failure to Yield Laws

New York’s Vehicle and Traffic Law (VTL) imposes specific right-of-way obligations on every driver. A failure to yield violation occurs when a driver breaks any of the following rules:

• VTL §1111 — Traffic signals: Drivers must yield to all pedestrians lawfully in the intersection when the signal changes
• VTL §1112 — Flashing signals: A flashing red signal requires a full stop and yield before proceeding
• VTL §1142 — Stop signs: Drivers must yield to all traffic already in the intersection before entering
• VTL §1140 — Right-of-way at uncontrolled intersections: The driver on the left must yield to the driver on the right
• VTL §1141 — Left turns: A driver turning left must yield to all oncoming traffic and all pedestrians in the crosswalk — a leading cause of failure to yield pedestrian knockdowns
• VTL §1151 — Pedestrians in crosswalks: Drivers must yield to all pedestrians crossing in a marked or unmarked crosswalk
• VTL §1143 — Entering from a driveway or private road: Drivers must yield to all traffic before entering a public roadway
• VTL §1172 — Yield signs: Drivers approaching a yield sign must slow down or stop as needed and yield to all traffic in the intersection

Common Scenarios That Cause Failure to Yield Accidents

A failure to yield crash can happen at any intersection, driveway, or merge point. The following scenarios account for the majority of serious injury cases Brett Nomberg handles:

Why Failure to Yield Accidents Cause Serious Injuries

A failure to yield crash typically involves one vehicle striking another at full or near-full speed — because the at-fault driver never slowed down. Unlike rear-end collisions where the striking vehicle at least partially brakes, a failure to yield impact is often a direct T-bone, head-on, or pedestrian knockdown at full approach velocity. The resulting forces produce some of the most catastrophic injuries in personal injury law. A failure to yield to a pedestrian crossing a NYC crosswalk — even at the posted speed limit of 25 mph — creates a fatality risk of approximately 25%. At 35 mph, that risk exceeds 50%. For cyclists, the physics are similarly severe.

When Brett Nomberg handles a failure to yield case, one of the first steps is pulling the at-fault vehicle’s event data recorder (EDR / black box) — which records speed, braking force, and steering input in the seconds before impact. This data frequently proves the driver never braked at all. Combined with intersection camera footage (overwritten in 24–72 hours), NYPD accident reports, and cell phone records to prove distraction, these cases are built to establish not just that a violation occurred — but that it directly caused catastrophic harm. See Brett’s verdicts and settlements for how this evidence-based approach produces results.

Injuries Commonly Caused by Failure to Yield Accidents

Because failure to yield crashes typically involve high-speed, full-force impacts, the injuries sustained are often severe and permanently disabling. The following injury types are most common in New York failure to yield accident cases and frequently satisfy the §5102(d) serious injury threshold required for a lawsuit:

• Traumatic brain injury (TBI) — concussion, hemorrhage, and cognitive impairment from impact forces; see brain injury practice page
• Spinal cord injury — herniated discs, nerve damage, and paralysis; see spinal cord injury page
• Bone fractures — femur, pelvis, ribs, wrists, and skull; every fracture qualifies under §5102(d)
• Internal organ damage — liver, spleen, and kidney injuries from blunt-force impact in T-bone and pedestrian crashes
• Soft tissue injuries — whiplash, torn ligaments, and rotator cuff tears
• Burns — from post-crash fires or contact with hot vehicle surfaces; see burn injury page
• Wrongful death — when a failure to yield accident takes a life; see wrongful death page

Evidence That Wins Failure to Yield Accident Cases

Proving a failure to yield violation in court requires more than a police report. Brett Nomberg’s team moves fast to gather and preserve every piece of evidence before it disappears:

• Intersection and traffic camera footage — overwritten in 24–72 hours; legal hold letters sent to NYC DOT, NYPD, MTA, and nearby businesses the same day Brett is retained
• NYPD accident report (MV-104A) — officer’s observations, fault notations, and VTL violation citations
• Event Data Recorder (EDR / black box) — records vehicle speed and braking in the seconds before a failure to yield impact; retrieved before the vehicle is repaired
• Cell phone records — subpoenaed to prove the at-fault driver was using a handheld device, a common companion violation to failure to yield crashes
• Witness statements — gathered immediately at the scene before witnesses disperse
• Signal timing and cycle records — NYC DOT maintains traffic signal timing data; critical in left-turn and red-light failure to yield cases
• Prior crash records at the intersection — NYPD Vision Zero data and NYC DOT records establish a known dangerous condition if multiple failure to yield crashes have occurred at the same location
• Medical records and imaging — emergency room reports, MRIs, and CT scans document injuries and establish direct causation from the crash

What to Do After a Failure to Yield Accident in New York

1. Call 911 immediately. A police report documents the failure to yield violation at the scene and is critical evidence in your case.
2. Seek same-day medical care. TBI, spinal injuries, and internal bleeding may not be immediately apparent. A same-day evaluation creates a medical record that ties your injuries directly to the crash.
3. Photograph everything at the scene. Vehicle positions, damage, skid marks — or the absence of skid marks, which proves the driver never braked — signal lights, crosswalk markings, and any visible injuries.
4. Collect all driver and witness information. Name, license, plate, insurance carrier, policy number, and contact details for all witnesses.
5. Do not give a recorded statement to the other driver’s insurer. You are not required to. Adjusters use recorded statements to minimize claims. Speak to Brett Nomberg first.
6. File your no-fault application within 30 days. The NF-2 form must be submitted to your own insurer within 30 days or you lose access to PIP benefits entirely.
7. Contact Brett Nomberg immediately. Camera footage disappears in 24–72 hours. The vehicle may be repaired before the black box is downloaded. Every hour matters after a failure to yield crash.

Frequently Asked Questions

About Brett J. Nomberg

Brett J. Nomberg has practiced personal injury law in New York for more than 30 years, including hundreds of failure to yield crash cases involving pedestrians, cyclists, and vehicle occupants. He personally manages every case — clients always speak directly with Brett, never just a paralegal or case manager. He is available 24 hours a day, 7 days a week, including weekends and holidays. His record includes a $4.5 million verdict for a brain injury, $3.9 million in a case involving concealed evidence, $1.7 million in a case where a surveillance tape was hidden, and $1.4 million for a Queens slip and fall on ice. All cases are handled on a contingency fee basis — no fee unless Brett wins. Learn more at his attorney profile page. Brett also handles pedestrian accidents, car accidents, and catastrophic injury cases across New York.

Hurt in a New York Failure to Yield Accident? Call Brett Nomberg — 24/7.

A failure to yield is not a mistake — it is a violation of the law that was specifically designed to prevent exactly the crash that hurt you. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach us at our online contact page. There is no fee unless we win.