Tennessee § 55-8-197 - Failure to yield right-of-way.

§ 55-8-197. Failure to yield right-of-way.

Any person who violates subdivisions (a)(1)-(6) and the violation results in an accident resulting in serious bodily injury to or death of any person shall be guilty of a misdemeanor: Section 55-8-115 by failing to drive on the right half of the roadway as provided in the section, except for those motor vehicles in compliance with § 55-7-115 or § 55-7-202; Section 55-8-118 or § 55-8-119 by unlawfully overtaking and passing another vehicle as provided in those sections; Section 55-8-128, § 55-8-129, § 55-8-130 or § 55-8-131 by failing to yield the right-of-way as provided in those sections; Section 55-8-134, by failing to yield the right-of-way to pedestrians in crosswalks as provided in the section; Section 55-8-136, by failing to exercise due care as provided in the section; or Section 55-8-175(c), by failing to overtake and pass a bicycle safely as provided in § 55-8-175(c). For the purposes of this section, unless the context otherwise requires, “serious bodily injury” means: Substantial risk of death; Serious disfigurement; or Protracted loss or impairment of the function of any bodily member, organ or mental faculty. A violation of subsection (a) is a Class B misdemeanor if the accident results in serious bodily injury of another. A violation of subsection (a) is a Class A misdemeanor if the accident results in the death of another. The court shall send the department a record of any of the convictions of any of the sections indicated in subsection (a). The court shall indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another. Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted under this section for a period of up to six (6) months, if the accident results in serious bodily injury of another, and up to one (1) year if the accident results in death of another. Acts 2007, ch. 537, § 1; 2009, ch. 342, § 1; 2011, ch. 192, §§ 2, 3; 2016, ch. 834, § 1. Compiler's Notes. Acts 2016, ch. 833, § 2 provided that the act, which amended this section, shall be known and may be cited as the “Elena Zamora Memorial Act.” Cross-References. Penalties for Class A and B misdemeanors, § 40-35-111 . Attorney General Opinions. Punishment for a conviction of a Class A or B misdemeanor under Tenn. Code Ann. § 55-8-197 is limited to the fines provided in T.C.A. § 55-8-197 (c). OAG 16-03, 2016 Tenn. AG LEXIS 5 (2/4/2016).