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Fault in a Failure to Yield Accident

Posted on behalf of Anderson Cummings on Dec 06, 2019 in Auto Accidents

yield-sign-mountainsInjured in an accident caused by another driver who failed to yield?

The accident attorneys of Anderson Cummings discuss Texas right of way laws and how fault is determined in these types of accidents.

If you suffered an injury in a failure to yield car accident, schedule a free, no obligation-consultation with our legal team. No upfront fees.

What is Failure to Yield?

Failing to yield means a driver failed to obey Texas laws on the right of way. Violating these laws can subject drivers to various penalties.

A typical failure to yield violation results in two points being added to the driver’s license and a fine between $50 and $200. If a failure to yield violation causes injury, the penalty is three points to the driver’s license and a fine of up to $2,000. Serious injuries may result in higher fines, up to $4,000. Even if a Texas driver is out of state when he or she is cited for failure to yield, he or she will still be subject to penalties from the state.

Failure to yield accidents are typically preventable and are often caused by distracted driving, speeding or other forms of reckless driving. These accidents can be particularly dangerous, especially at intersections where one car could hit the side of another.

Texas Right of Way Laws

In Texas, you must yield 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.

Partial Fault in These Types of Accidents

Even if one driver failed to yield, the other driver may hold fault in the incident. The other driver may have been speeding or driving while distracted or engaging in some other type of negligent behavior.

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, if his or her percentage of fault was less than 51 percent.

Any damage award is reduced according to the victim’s percentage of fault. For example, if $10,000 in compensation was awarded for damages and the driver was found to be 50 percent at fault, he or she will only receive $5,000.

Contact Our Licensed Attorneys for Assistance

If you sustained an injury due to a failure to yield accident, you may be eligible to pursue compensation for the damages you suffered, including payment for medical expenses, lost wages, and pain and suffering.

If you have a valid case, the Fort Worth car accident lawyers at our firm are ready to investigate your case to pursue the maximum compensation available.

Request a free, no obligation-consultation today and learn what legal options may be available to help you pursue compensation. There are no upfront fees and we only receive payment if we recover compensation for you.

Call (817) 920-9000 or complete our Free Case form.