When you head out on the road, you expect other drivers will exercise caution and obey traffic laws. Unfortunately, this is not always the case. Drivers who fail to yield the right of way are often negligent or aggressive drivers who endanger others sharing the road. This negligence can lead to a failure-to-yield accident, causing devastating injuries to other drivers, passengers, pedestrians or bicyclists.
If you have been injured in a Texas auto accident caused by another driver’s failure to yield, you need an experienced auto accident attorney in Fort Worth on your side. At Anderson Cummings, we have been representing victims injured by negligent drivers for decades. During that time, we have recovered over $100 million in compensation for our clients.
Your initial case review is completely FREE. Call (877) 920-9009 to learn more.
What is a Failure to Yield?
A failure to yield happens when a driver ignores Texas traffic laws, not yielding the right of way to another vehicle. Unfortunately, when this violation of the law occurs, it can lead to a severe traffic accident.
Failure-to-yield accidents are typically preventable and often caused by individuals who speed, become distracted or engage in other reckless driving behaviors. These accidents can be particularly dangerous, especially at intersections where one car could hit the side of another.
Some common ways drivers fail to yield the right of way include:
- Turning left onto a crowded road
- Coming to a stop sign, stoplight, or flashing red light
- Allowing other drivers to clear an intersection before you enter
- Merging onto a highway or other roadway
- Entering a roundabout
- Exiting your driveway or a parking lot
- Yielding to bicyclists and pedestrians
- Yielding to emergency response vehicles
Texas Right-of-Way Laws
In Texas, like most states, there are laws that define when drivers must yield the right of way. These laws including yielding to another driver in the following situations:
- At an intersection while driving on an unpaved road, drivers on the unpaved road must yield the right of way to drivers on the paved road.
- At intersections that are uncontrolled by lights, drivers must yield the right of way to traffic already in the intersection and any traffic to their right side.
- When turning left at an intersection, drivers must yield the right of way to any pedestrian crossing the road, as well as traffic moving in the opposite direction.
- When making right turns, drivers must yield to through traffic and to pedestrians crossing the street.
- When on a private road, driveway or alley approaching an intersection, drivers must yield to traffic on the main road.
- Drivers must always yield to trains at railroad crossings.
- Drivers must yield to emergency vehicles, including ambulances, fire trucks, and police vehicles.
What Penalties Can Texas Drivers Get if They Fail to Yield the Right of Way?
Violating Texas traffic laws for yielding the right of way could result in various penalties against a driver, including:
- Two points added to the driver’s license
- A fine between $50 and $200
- If a failure to yield violation also causes injury, three points may be added to the driver’s license, along with a fine of up to $2,000.
Failure-to-yield crashes involving severe injuries may result in higher fines of up to $4,000. Even when Texas drivers are out of state when they get cited for a failure to yield, they are still subject to additional penalties from the state.
How is Liability Determined for a Failure-to-Yield Accident?
In the case of a failure to yield crash, you can determine who should be held liable by first identifying who had the right of way. Once this is established, liability can be clearly assigned to the party who failed to honor the right of way.
Your auto accident attorney will work to prove the at-fault drivers liability by gathering witness testimony, accounts from law enforcement, photos from the scene, and other evidence. Establishing who is at-fault can be simplified if the responding law enforcement officer issued a citation for the traffic offense.
What if I Am Partially at Fault in a Failure-to-Yield Accident?
In cases where only one driver failed to yield, the other driver could still be liable for some fault in the incident.
For instance, the other driver may have been speeding or driving while distracted. In short, if the other driver was also negligent and that behavior also contributed to the crash, then fault could be shared.
Texas uses a modified comparative fault rule for these kinds of situations. An accident victim can pursue compensation for damages even if he or she was partially at fault. However, his or her percentage of fault must be less than 51 percent.
That said, it is important to understand that a victim’s damage award will be reduced according to his or her percentage of fault.
For example, say that a victim was assessed with 10 percent of the fault. If that victim is then awarded $10,000 in compensation, that award will be reduced by that 10 percent, leaving the victim with a $9,000 award.
How a Texas Failure-to-Yield Accident Lawyer Can Help
Failure to yield accidents can lead to a number of serious injuries that can leave you struggling under the pressure of lost wages and mounting medical bills. If you have been injured, turn to the auto accident attorneys you can trust. With years of experience representing the best interests of our clients, we are committed to getting you the justice you deserve.
We have the drive and passion to fight for your rights and will not stop until you receive the level of compensation you deserve for your injuries or loss of a loved one.
At Anderson Cummings, we offer free consultations and work on a contingency basis. This means we do not get paid unless you win.
Lets Win This!®
Let the Fort Worth personal injury lawyers at Anderson & Cummings get to work on your failure to yield accident case. We will fully investigate your claim and determine who had the right of way and who should be held liable for your injuries. We are ready to fight for your rights.
Call (877) 920-9009 or complete a Free Case Evaluation form to get started today.