Failure to Yield

Definition of Fail to Yield

The term “failure to yield” or “fail to give way) encompasses several legal provisions that dictate the behaviour of drivers at intersections, signs, and private roads.

Fail to Yield to Traffic on Through Highway s. 136.1(b)

The failure to yield to traffic on a through highway, as stated in s. 136.1(b), places a duty on drivers at intersections controlled by a stop sign. Drivers must remain stopped, if necessary, to ensure that crossing traffic has cleared. Compliance with this section ensures several benefits:

  • Safety: Adhering to the right-of-way laws reduces accidents by giving clear rules on who has the right to proceed.
  • Traffic Flow: Such laws ensure a smoother flow of traffic, minimizing congestion and potential delays, and providing a more predictable and manageable driving environment.
  • Legal Compliance: By understanding this specific law, drivers in Ontario can maintain a clean driving record and avoid unnecessary legal trouble.

Fail to Yield – Sign s.138.1

Under s.138.1, failure to yield at a sign occurs when drivers do not comply with the stipulated guidelines, such as:

  • Assessing Traffic: Failing to appropriately assess and respond to traffic conditions.
  • Ignoring Pedestrian Rights: This might include a fail to yield to a pedestrian, exacerbating the risk involved.
  • Comprehensive Understanding: Understanding how signs function is essential for safe driving and can help you avoid a ticket.

Fail to Yield from Private Road s.139.1

A failure to yield from a private road, according to s.139.1, involves a driver not giving right-of-way to oncoming traffic when exiting a private road or driveway. This specific offence can create confusion and contribute to collisions.

  • Increased Collision Risk: Misjudgment while exiting private roads or driveways can lead to accidents.
  • Legal Liability: This could lead to fines or legal actions, especially if there is an associated accident.

Ask A Traffic Ticket Professional

Have a question about your ticket? We can help!
Call one of our offices for a free consultation.

Penalties for a Failure to Yield Ticket

Ontario laws dictate serious penalties that can be burdensome for anyone receiving a failure to yield ticket:

  • Fines: Fines ranging from $60 to $500.
  • Demerit Points: Three demerit points may be added to the driver’s record.
  • Insurance Implications: Fail to give way convcitions can cause an increase in insurance premiums.
  • Additional Consequences: In cases involving a failure to yield ticket with accident, more serious penalties might be levied.

How To Fight Failure To Yield Charges?

Successfully challenging failure to yield charges in Ontario requires skilled legal assistance. Traffic Paralegal Services can be your ally in this process:

  • Understanding Your Case: We carefully evaluate every detail of your ticket to develop a robust defense strategy.
  • Evidence Gathering: If your case involves a failure to yield ticket with accident, we meticulously collect necessary evidence.
  • Legal Representation: We handle all negotiations and court appearances to fight failure to give way charges, providing you with comprehensive support.

Why You Should Hire Traffic Paralegal Services

  • In-depth Knowledge: Our understanding of fail to give way laws, including nuances like failure to yield to a pedestrian, ensures that you have seasoned professionals on your side.
  • Affordable Solutions: We offer cost-effective options tailored to your unique situation.
  • Track Record: Our success in fighting failure to give way charges reflects our commitment to your legal well-being.


Failure to yield charges, whether involving accidents or pedestrians, are serious matters requiring expert legal handling. By choosing Traffic Paralegal Services, you make a decisive step towards defending your rights and reducing potential penalties. Our deep understanding of Ontario laws and personalized approach ensures that you receive the dedicated support you deserve. Contact Traffic Paralegal Services today and let us assist you in your case.

Hear What Clients Are Saying About Us

five stars
“Amazing service. So happy I listened to my guts and walked through your door. Thanks a million Steven!!! Took the time to explain the process and possible outcomes. Got the best result for me. Keep up the good work. And to Raquel for keeping me informed. I will definitely be recommending you to any one I know. Thanks again. Regards.”
Gilbert N., Google Review
five stars
“Such great and personalized service. Leanne is amazing. Had such great results! They did even better than what I was told in terms of outcome. I would definitely recommend them to friends and family.
Thank you so much for your help!”
Mandy G., Google Review
five stars
“My girlfriend recently was in a car accident, making a left hand turn, while the other person ran the the light and hit her. She was considered at fault. Patrica and her legal team did a great job and had achieved the results we wanted, won the issue for us. They were very nice and I would recommend their services.”
Thomas G., Google Review
five stars
“Absolutely positive experience. Great customer service, very informative and will make you feel comfortable after consulting with you. They handle everything saving you both time and money. The outcome of my particular case was the best I could have asked for. Thank you, you will be highly recommended.”
Andrew K., Google Review


What does a failure to yield mean?

It means not giving the right-of-way to oncoming traffic or pedestrians as legally required.

What happens if I receive a failure to give way ticket in Ontario?

You may face fines, demerit points, increased insurance premiums, and potentially more severe penalties if there is an associated accident.

Does failure to yield ticket with accident lead to additional penalties?

Yes, an accident can lead to more serious consequences, including higher fines and potential legal actions.

How does a failure to yield ticket affect insurance?

It can lead to increased insurance premiums as it reflects negatively on your driving record.

Is there a difference between failure to yield and reckless driving?

Yes, failure to yield refers to not following specific right-of-way rules, while reckless driving involves a broader pattern of irresponsible behaviour on the road.

What is the usual fine for a fail to give way ticket?

In Ontario, the fines for a failure to yield ticket typically range from $60 to $500, depending on the specific situation.