Failure to Yield the Right of Way

Many drivers fail to see the importance of yielding the right of way to others. The law in Texas requires all drivers to yield the right of way when the law requires it. Failure to follow this simple rule of the road is one of the most common causes of car accident injuries that there is.

If you are the victim of someone who failed to yield the right of way you should keep calm at the scene. It is a shocking and emotional experience to be struck by someone who turned into you, ran a stop sign or red light, or in some other way failed to yield the right of way to you. Exchange information with the other driver. Contact the police and if you have suffered a car accident injury call for paramedics if needed.

You likely are due compensation for your injury and will need to hire a lawyer to protect your rights if you were injured. The Law Office of Doug Goyen has professionally helped their clients since 1997 in car accident injury cases in the Dallas, Texas area. We make our clients our priority. Contact us today so we can make sure your rights are protected.

Negligence in Failing to Yield the Right of Way:

Failing to yield the right of way is a form of negligence. Drivers have a duty to follow the rules of the road. When they breach that duty and that duty causes injury to others then there is a negligence claim that can be made by those injured against the driver who failed to yield and caused the auto accident.

In a negligence claim an injured party is able to recover for the damage that was caused – including for their injury, medical bills, pain and suffering, mental anguish, lost income, property damage, rental car bills, towing, storage, and various other types of recovery depending on what type of injury has occurred. Protect your rights. Hire a car accident injury lawyer to protect your rights and ensure you are compensated.

Turning Your Vehicle in General and Turning at Intersections:

Most car wrecks are caused at intersections, and a large portion of those car wrecks are caused while someone is turning in that intersection where there is a failure to yield the right of way to another driver. A driver has a duty to make sure they can turn safely. If they violate this duty then the law considers that as a factor against them in determining liability in the case.

Texas Transportation Code Section 545.103 requires all drivers to safely turn their vehicles. A driver may not turn their vehicle unless the movement can be done safely. Section 545.104 requires a driver to use their turn signals not less than 100 feet prior to their turn - this is part of turning safely. Section 545.101 covers how a driver should make their turns at intersections - with right hand turns to be made from the right hand lane, and left hand turns made from the far left hand lane. Section 545.102 makes it illegal to turn left in front of approaching traffic when due to a curve or grade in the roadway a driver is unable to see approaching traffic at least 500 feet in front of their view.  

When turning left into a private driveway or alleyway Texas Transportation Code Section 545.152 requires the driver is required to yield the right of way to approaching vehicles coming from the opposite direction. Section 545.153 requires drivers with yield signs to slow to a speed reasonable under the conditions, and to stop at stop signs prior to turning at the intersection. Section 544.004 requires drivers to comply with all traffic control devices while driving and turning. Section 545.151 and 545.153 cover drivers approaching or entering an intersection and how drivers must stop and/or yield at intersections both with or without traffic control devices.    

Entering and Exiting Highways:

Many collisions are caused by a failure to yield the right of way while people are entering or exiting a highway. Often drivers do not seem to understand the rules when it comes to people entering or exiting a highway. The rule seems simple. The traffic on the access road to the highway is to yield to the driver exiting the highway. A vehicle entering the highway from the access road must yield to drivers already on the highway. Unfortunately many people do not understand these rules and this often can lead to a car accident injury.

Texas Transportation Codes cover entering and exiting highways: Drivers who are on access roads or feeder roads are to yield the right of way to vehicles entering the feeder roads that are exiting the highways - see Section 545.154. Section 545.155 states that drivers who are entering or crossing a highway from an alley, private road, business, or driveway must yield to traffic on the highway.

Changing Lanes:

Changing lanes improperly is a failure to yield the right of way that causes car wrecks and injuries. People do no want to take the time to signal, they see their turning place at the last second, or they are distracted. Whatever the reason the person fails to yield the right of way while changing lanes, if they do so they are responsible for any damage or injury they cause due to their actions.

The Texas Transportation Code Section 545.060(2) states that a driver cannot change lanes unless they can do so safely. Section 545.061 states If two vehicles are trying to change lanes into the same lane in the same location, the vehicle in the lane to the right shall yield to the operator in the lane to the left.  

Moving from a Stopped Position or from a Private Drive onto a Public Roadway:

Moving your vehicle from a stopped position is another situation where drivers often fail to yield the right of way and cause a car accident. Most people know that when you move your vehicle from a stopped position that you need to take special care and yield to vehicles already out and driving, and yield to pedestrians who are walking past your stopped car.

Many car wrecks are also caused when a driver fails to yield the right of way when pulling from a private drive onto a public roadway. Often there are signs, bushes, or traffic that blocks the view of the person pulling from the private drive onto the public roadway. The burden is on the person pulling from the private drive to ensure the way is safe. If there is a problem with pulling out from their location they either need to wait until it becomes clear, or find another point where they can pull out from the private drive or private parking lot.

Texas Transportation Code Section 545.256 states that an operator of a vehicle pulling from a private drive onto a public roadway must stop first before entering the public roadway, and then must yield to pedestrians and to traffic already on the public roadway.

Texas Transportation Code Section 545.402 states that a driver may not move from a stopped, standing, or parked position unless they can do so safely. Section 545.415 likewise states that a driver may not back their vehicle unless the movement can be done safely and without interfering with traffic. 

Contact the Law Office of Doug Goyen at (972) 599 4100 if you were injured in an auto accident due to someone failing to yield the right of way, or for any other reason. Attorney Goyen is a Dallas car accident injury lawyer that can help you recover the compensation you deserve in your case. 

By: Doug Goyen, douggoyen@goyenlaw.com