Who is at fault in a Texas Failure to Yield Accident?

Who is at fault in a Texas Failure to Yield Accident?

In the aftermath of a car accident, determining fault and liability is critical. As a driver, you have certain responsibilities to operate your vehicle safely and follow the rules of the road. Failing to yield the right of way when required can have serious consequences, as it often leads to collisions that cause harm. If you're involved in an accident due to another driver's failure to yield in Texas, you may be entitled to compensation. Call a Texas Car Accident Lawyer for help.

What Is a Failure to Yield Accident in Texas?

A failure to yield accident occurs when a driver fails to properly yield the right of way to oncoming traffic or pedestrians, resulting in a collision. In Texas, there are specific rules regarding right of way that all drivers must follow. Failure to do so constitutes negligence and the at-fault driver can be held liable for any resulting injuries or damages.

If you are traveling on a roadway in Texas and intend to make a turn, change lanes, enter an intersection or driveway, you must first yield to vehicles and pedestrians that have the right of way. You must come to a complete stop if necessary to avoid an accident. The driver who fails to yield and causes an accident will typically be considered at fault. However, in some situations fault can be shared between multiple parties.

It is important that all drivers and pedestrians in Texas understand the rules regarding right of way and yielding. Always be alert, follow all traffic signs and signals, and be prepared to stop for other vehicles and pedestrians. Failure to do so can easily lead to a failure to yield accident, and you may face legal consequences as a result.

If you have been injured in a failure to yield accident, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. Speaking with an experienced personal injury attorney is the best way to understand your rights and next steps towards pursuing a legal claim. They can investigate your accident, determine fault, and fight for full compensation on your behalf.

Common Causes of Failure to Yield Accidents

As a driver, it is your responsibility to yield the right of way to vehicles and pedestrians when required by law. Failure to do so can result in a serious accident with injuries or property damage. There are a few common causes of failure to yield accidents:

Distracted Driving

Taking your eyes off the road for more than 2 seconds doubles the risk of an accident. Glancing at a mobile device, passenger, or anything else that diverts your attention can prevent you from seeing traffic controls or other vehicles that have the right of way. Always remain focused on driving to avoid missing crucial signs or signals.

Aggressive Driving

Driving too fast or aggressively through intersections in an attempt to beat oncoming traffic or make a light before it changes often results in failure to yield accidents. It is always best to approach intersections cautiously and be prepared to stop if needed. Rushing through an intersection to save a few seconds of time is never worth the risk.


Being in an unfamiliar area or detouring from your normal route can increase the likelihood of failure to yield accidents. Not knowing the correct traffic controls or right of way in an unfamiliar intersection leads to confusion that ends in disaster. Whenever driving in a new area, take extra precautions at intersections until you have properly oriented yourself.

By exercising caution, patience and remaining fully aware of your surroundings at all times, especially in high-risk areas like intersections, you can avoid becoming a victim of or liable for a failure to yield car accident. Safe driving!

Determining Fault in a Failure to Yield Collision

Determining fault in a failure to yield collision can be complicated. As the plaintiff in a personal injury claim, you must prove that the other driver had a duty to yield but failed to do so, and that their negligence caused the accident and your subsequent injuries.

Duty to Yield

Drivers have a duty to exercise reasonable care and yield the right of way to other vehicles and pedestrians when required to do so by traffic signs, signals, or laws. For example, vehicles turning left at an intersection must yield to oncoming traffic proceeding straight through the intersection. Failure to yield in these situations constitutes negligence.

To establish the other driver’s duty, you must show:

  • They were operating a vehicle
  • They approached an intersection or situation where yielding was required
  • They failed to yield the right of way to your vehicle, resulting in a collision

Proving Negligence

In addition to duty, you must prove the other driver breached that duty by failing to yield, and that their breach caused your accident and injuries. Things like eyewitness statements, photos of the accident scene, police reports, and footage from traffic cameras can all help support your claim that the other driver failed to yield as required. Your medical records, bills, and testimony from doctors regarding your injuries can establish that the accident directly caused harm.

Shared Fault

In some cases, both drivers may share partial fault for an accident. Texas follows modified comparative negligence rules, meaning you can still recover damages even if you are partially at fault, as long as your fault is less than 50% of the total fault for the accident. The amount of damages you can recover will be reduced by your percentage of fault. It is critical to evaluate all factors that could have contributed to the accident to determine appropriate fault allocation.

Consulting with a personal injury attorney can help you navigate the complex legal issues involved in proving fault and liability in a failure to yield car accident claim. An experienced lawyer can evaluate the details of your specific accident, determine who is at fault, and help you seek fair compensation for your injuries.

Proving Liability in a Failure to Yield Claim

To prove liability in a failure to yield accident claim, you must establish that the other driver had a duty to yield the right of way but failed to do so. As the plaintiff, the burden of proof is on you to show the other driver was negligent.

Duty to Yield

When two vehicles approach an intersection at roughly the same time, the vehicle on the left must yield to the vehicle on the right. The driver on the left has a duty to allow the vehicle on the right to pass through the intersection first. If the left-hand driver fails to yield and causes an accident, they can typically be found liable.

Evidence of Failure to Yield

There are several forms of evidence you can provide to demonstrate the other driver failed to yield the right of way:

  • Police report and witness statements indicating the other vehicle failed to stop or yield. Eyewitness accounts from passengers, nearby pedestrians, or other drivers can confirm the sequence of events.
  • Traffic cameras or surveillance footage. If the intersection has cameras, the footage may clearly show the other vehicle failing to yield.
  • Damage to vehicles. The damage patterns can indicate the points of impact, the directions the vehicles were traveling, and which vehicle had the right of way. Photographs of the vehicles at the scene are important evidence.
  • Traffic controls. If the intersection has traffic lights, signs, or road markings indicating which direction of traffic has the right of way, and the other driver ignored those controls, that is evidence they failed to yield.

In some cases, a failure to yield accident may lead to charges against the at-fault driver for violations like reckless driving or running a red light. Any charges or traffic citations issued can also be used as evidence to support your civil claim. By gathering as much evidence as possible to prove the other driver's negligence in failing to yield, you build a strong case to recover damages for your injuries and losses.

Finding a Texas Car Accident Lawyer for Your Failure to Yield Case

Finding legal representation for your failure to yield accident case is critical. An experienced car accident attorney can determine who is at fault, handle communications with insurance companies, and fight for maximum compensation.

Do Your Research

Research attorneys in your area who specialize in car accident and personal injury law. Check their credentials, experience, client reviews, and case results to find those with a proven track record of success in failure to yield and negligence claims. Schedule consultations to discuss your case, get their evaluation of fault and liability, and determine if they are the right fit for your needs.

Understand Your Options

You may be entitled to compensation for medical bills, lost wages, pain and suffering, property damage, and other losses. An attorney can calculate a fair settlement and fight for it on your behalf or take the case to court if needed. They can also handle negotiations with insurance companies to avoid unfair settlement offers.

Build Your Case

Your lawyer will conduct a thorough investigation into the accident by collecting police reports, witness statements, medical records, and other critical evidence to determine fault. Photographs of the vehicles and accident scene, traffic camera footage, and expert testimony may also be used to strengthen your claim. Allow your attorney to handle all communications to avoid inadvertently accepting blame or making statements that could jeopardize your case.

A qualified failure to yield accident attorney has the experience and resources to stand up for your rights and hold the negligent party accountable. Do not delay in finding legal counsel to represent you following an accident. They can advise you on the proper steps to take and build a solid case for maximum recovery of damages so you can focus on recovering from your injuries. With an experienced lawyer on your side, you stand the best chance of success.

Failure To Yield Accident FAQ

Failure to yield accidents are unfortunately common in Texas. If you have been in an accident where another driver failed to yield, you likely have questions about who is at fault. Here are some of the most frequently asked questions regarding failure to yield accidents:

Who is usually at fault in a failure to yield accident?

The driver who failed to yield the right of way is typically considered at fault in an accident. For example, if a vehicle pulls out in front of oncoming traffic or turns left in front of another vehicle with the right of way, the driver who failed to yield would normally be liable.

What if the other driver was speeding or distracted?

Even if the other driver was speeding or distracted, the driver who failed to yield will usually still bear the majority of the fault. While the other driver's actions may have contributed to the accident, failing to yield the right of way is considered a serious traffic violation. However, fault may be apportioned between drivers depending on the specific circumstances. It is best to consult with a personal injury attorney regarding the details of your accident.

What evidence is needed to prove the other driver failed to yield?

Evidence that can prove a driver failed to yield includes:

  • Witness statements from passengers or bystanders confirming the other vehicle pulled out in front of you.
  • Photos of the damage to both vehicles showing the point of impact, which can indicate the direction each vehicle was traveling.
  • Police reports and traffic citations issued, which will normally fault the driver who failed to yield for violations like "failure to yield right of way."
  • Surveillance video from nearby cameras that may have captured footage of the accident.
  • Statements from the at-fault driver admitting they failed to yield or did not see your vehicle.

What damages can I recover in a failure to yield accident?

You may be entitled to compensation for medical bills, lost wages, pain and suffering, property damage, and other losses resulting from the accident. An experienced personal injury lawyer can help you pursue damages from the at-fault driver's insurance company.


As the reader, you now have a better understanding of the complexities involved in determining fault in a failure to yield accident. While the driver failing to yield typically shoulders much of the blame, there are situations where fault may lie with the other driver or even a third party. The only way to get a fair outcome is to conduct a thorough investigation of the events leading up to and surrounding the collision. Call Fletcher Law today. An experienced personal injury attorney can help determine liability, ensure all responsible parties are held accountable, and fight for the maximum compensation you deserve for your injuries and other damages. Failure to yield accidents often lead to serious harm, so don't delay in seeking legal counsel. They can guide you through the process and work to win you a favorable settlement.