Yielding the right of way in Texas means allowing another vehicle, bicycle, or pedestrian to proceed first on the road or through an intersection. Unfortunately, drivers frequently fail to yield the right of way when required, which is what results in so many accidents.
For example, did you know that the Federal Highway Administration found that half of all traffic injuries nationwide are attributed to intersections? A significant proportion of these accidents also relate to drivers not yielding the right of way.
Failure to yield can lead to serious collisions, often requiring legal assistance. If you’ve been injured due to another driver’s negligence, an Austin car accident lawyer can help you understand your rights and pursue compensation.
Knowing when you’re required to let someone pass is all part of being a safe driver and helping to keep others safe. Here’s what you must know about the right of way.
Key Takeaways
The right of way determines who has the legal right to proceed first on the road. These laws prevent confusion and aim to reduce the number of accidents.
Every state has its own right-of-way laws, but they all follow the same general principles. For example, drivers are required to yield to pedestrians when using a crosswalk.
Drivers are often confused about the right of way, which has resulted in a substantial number of accidents in the past. Intersections are the most common areas where people fail to yield.
Determine the right of way by familiarizing yourself with the law, deferring to traffic signals and road signs, and maintaining an awareness of what other drivers around you are doing.
Not yielding when required is a traffic violation, with the potential for large fines. In most accidents involving a driver who failed to yield the right of way, they will usually be assigned most of the blame.
If you were injured in a failure-to-yield accident, you have the legal right to claim compensation. Speak to a personal injury lawyer to file your case and hold the other party to account.
Definition of Right of Way
The right of way is a set of rules that determine when a vehicle or pedestrian has the legal right to proceed first in any given situation. Traffic laws on the right of way exist to stop confusion and avoid conflict on the roads when two or more vehicles approach at the same time.
Having the right of way means everyone else must yield to you before proceeding themselves. Of course, that doesn’t mean you should ignore potential dangers, but it does mean you have the legal right to go first.
Sadly, right-of-way rules are often poorly understood by drivers, with devastating consequences. The National Safety Council found that 6.9% of all fatal accidents involved a failure to yield the right of way. Sometimes, drivers don’t understand the rules, but issues like road rage also become a factor.
Understanding Right of Way Basics
Yielding means that you should give way to other traffic. The most common scenarios when the right of way becomes an issue are when traffic is merging or when you approach intersections. Vehicles with the right of way in Texas aren’t required to slow down or stop. In contrast, if another driver or pedestrian has the right of way, you must slow down or stop.
The three most common traffic signs you might come across on Texas roads include:
Yield – You must slow down and maintain situational awareness about stopping abruptly to allow traffic to pass when merging.
Yield to Pedestrians – If you encounter pedestrians, such as when they’re proceeding across a crosswalk, you must come to a complete stop.
Yield to Bikes – Bicyclists have the right of way, so drivers must slow down and allow them to pass them by. Blocking them off or trying to nudge them out of the way is a traffic violation.
Younger drivers often make right-of-way errors, but the IIHS found that they are the most common error made by seniors involved in auto accidents.
When to Yield the Right of Way
Yielding the right of way is a legal obligation, and failing to do so could lead to a ticket, license suspension, and the consequences of causing injury to another party. The most common situations drivers may encounter when yielding the right of way becomes a factor include intersections, cyclists, and pedestrians.
Here’s how to react in some of the most common scenarios where you might have to yield the right of way.
Intersection Scenarios
Controlled intersections will have traffic lights or stop signs. These are the most straightforward right-of-way scenarios to contend with because you can use lights and signs to guide you. If you and another vehicle arrive at the same time, always yield to the car on your right.
If you’re dealing with a multi-lane intersection, such as because it intersects a highway, the drivers on the bigger road have the right of way because the speed limits on these roads are usually faster.
On the other hand, if you come across a T-intersection, where a road is a dead-end, you’re required to yield to all traffic on the left and right.
Four-Way Stop Protocols
Approaching a four-way stop can be confusing because there’s far less guidance to contend with. When approaching a four-way stop, the right of way is determined by the order in which vehicles arrive.
The principle is that it’s first come, first served, so if a driver arrives at their stop sign first, everyone else must yield. If two vehicles arrive at the same time, you must yield to the driver on the right.
Another scenario you might encounter is two vehicles arriving at an intersection simultaneously, with oncoming traffic directly across from each other. In this case, the car going straight has the right of way over turning traffic.
Uncontrolled Intersections
An uncontrolled intersection is an intersection without any traffic signals or stop signs. Generally, the driver on the left is required to yield the right of way to the vehicle on the right.
Since the intersection is uncontrolled, all drivers must use proper turning procedures, such as switching on their turn signals when they make the turn. Be extremely careful, as the Federal Highway Administration (FHA) reported that 20% of all fatalities in 2022 took place at uncontrolled intersections.
Roundabout Navigation
Roundabouts keep traffic moving but can be confusing and intimidating for inexperienced drivers. Right-of-way rules are relatively simple when navigating roundabouts. Here are the three rules to remember:
When entering the roundabout, yield to all traffic already on the roundabout.
Stop for all pedestrians crossing at the entrances and exits of a roundabout.
Stay in your lane and use your turn signals when you’re about to exit.
Pedestrian and Cyclist Considerations
Pedestrians and cyclists are the most vulnerable road users because they have the least protection against auto accidents. All drivers must yield to pedestrians at valid crosswalks and take care to ensure that pedestrians on public roads are protected.
Texas law also gives cyclists the right of way as long as they follow all the rules of the road. Likewise, cyclists are required to yield to pedestrians in nearly all circumstances.
Unfortunately, this is one area where right-of-way rules often go out the window. The Texas Department of Transportation reports that between 2018 and 2022, pedestrian fatalities rose by 30%, and cyclist deaths rose by 28%.
Crosswalk Etiquette
Pedestrians crossing a crosswalk always have the right of way. Drivers are required to come to a complete stop. Additionally, all pedestrians must have finished crossing before you can continue on your way.
Even if pedestrians attempt to cross when they’re not supposed to, you must still exercise due care to avoid hitting them.
Shared Road Safety
Sharing the road with pedestrians, cyclists, and other drivers often causes problems between all parties because of mistakes over who has the right of way. Assuming everyone follows the rules of the road, pedestrians are always the priority.
Pedestrians will always have the right of way when using a crosswalk, intersection, or school zone to get from one side of the street to another. On the topic of cyclists, many people believe that cyclists always have the right of way, but this isn’t strictly true.
Cyclists are classified like any other road user when using public roads, meaning they must adhere to the same right-of-way laws as vehicles. The one exception is if the cyclist is in a designated bike lane. In this case, drivers must yield to cyclists in the bike lane.
Highway and Freeway Merging Rules
Entering a highway or freeway from a smaller road means you’re contending with dramatic differences in speed. At no point is a vehicle already on the highway or freeway required to yield to slower vehicles merging via an entry or exit ramp.
Instead, you’re required to yield to cars already on the highway or freeway. You’re then required to match the safe speed of the road while paying due care and attention to everything happening around you.
How to Safely Determine the Right of Way
Determining the right way is one of the biggest problems new and inexperienced drivers have because the rules can get complicated. Even experienced drivers find it tricky to drive in unfamiliar scenarios, so knowing the basic rules on intersections, highways, and crosswalks is the first step to safely determining who has the right of way.
Here are a set of tips for safely determining who has the right of way:
Always defer to stop signs, traffic signals, and other road signs.
Understand the hierarchy of right of way, such as pedestrians always going first.
Use the “right-hand rule,” meaning the car on your right has the right of way if you're at an intersection.
Use common sense and courtesy. For example, if you encounter an aggressive driver, just let them go.
Make eye contact with other drivers and use hand signals to let them know what you’re going to do.
Above all, know your local laws. Different states and jurisdictions may have variations on the rules, especially when it comes to right-of-way rules involving emergency vehicles, like fire trucks, highway maintenance, or parking lots.
Common Misconceptions About Right of Way
Right-of-way rules are designed to be straightforward and provide guidelines for how all road users should behave. However, drivers are human and make mistakes. That’s why thousands of fatalities occur annually because of failure to yield the right of way.
For example, the Texas Department of Transportation reported that 5.62% of accidents in 2023 were due to failing to yield the right of way when turning left. With that in mind, here is a selection of misconceptions about the right of way:
Assuming the Right of Way – Even if you’re technically correct and the other driver has to yield, don’t assume they will. Wait for a clear signal before proceeding.
Not Yielding to Pedestrians – All pedestrians have the right of way at crosswalks. Be especially cautious in busy commercial areas and close to schools.
Roundabout Entry – Some drivers believe that roundabout users must yield to allow new vehicles to enter the roundabout, but that isn’t the case.
Cyclists Always Have Right of Way – Again, this isn’t true. Cyclists aren’t a protected class of road users and are considered to be equal to vehicles, meaning they must yield just like anyone else in specific scenarios.
Fundamental Right – Right of way is not a fundamental or protected right. It doesn’t provide immunity from being blamed for an accident if you had the right of way. Drivers must follow the law, but they must also practice defensive driving strategies, even if it means yielding when they technically don’t have to.
Above all, the biggest misconception is that these laws are the same in every state. Although the general principles are the same, each state has its own quirks.
For example, California requires drivers to always yield to pedestrians crossing anywhere at an intersection. In contrast, neighboring Nevada requires pedestrians to yield to drivers if they aren’t using a designated crosswalk.
Another example is that vehicles must stop when school buses display flashing red lights. However, New York law requires stopping even if you’re on the opposite side of a divided highway. On the other hand, Texas exempts you from stopping on the opposite side if there’s a physical barrier in place.
Right-of-Way Laws in the State of Texas
Each state has its own right-of-way laws, and Texas is no exception. The Texas Transportation Code has a dedicated subchapter on the Lone Star State’s right-of-way laws. Some of the most essential rules drivers should bear in mind include:
You’re required to yield to traffic that’s already moving through an intersection.
Uncontrolled three-way and four-way intersections require you to yield to other vehicles on your right.
If you’re driving slower than other drivers, you must drive on the right-hand side of the road unless you’re preparing to turn left or overtake someone.
If you’re turning left at an intersection and there’s no left-turn arrow, you must yield to other vehicles coming toward you or other vehicles in an intersection.
If you spot a yield sign at an intersection, you must slow down and yield to both drivers in the intersection and any other drivers who are close enough to the intersection to represent a hazard.
In the event a traffic light malfunctions, all drivers must come to a complete halt and check that it’s safe to proceed into the intersection. In a scenario where multiple drivers arrive at the same time, yield to drivers on your right.
We recommend reading the complete list of Texas’s right-of-way rules so that you are familiar with what to do in various scenarios, such as when dealing with pedestrians and cyclists.
Who is At Fault for a Right of Way Accident?
Right-of-way violations can result in a failure to yield accident. Since not yielding when required to do so is a traffic violation, it’s considered a form of negligence. In most cases, the driver who didn’t yield will assume a substantial amount of the blame.
However, in some scenarios, blame may be shared. The right of way isn’t a God-given right to proceed because other factors could be at play. For example, if you had the right of way but were driving under the influence, speeding, or texting while driving, you could be assigned some of the blame.
Likewise, if you’re merging onto a highway and get into an accident, blame could be shared if you had no space to merge because of the negligence of other drivers. The same goes for roundabouts. If you were preparing to exit and had the right of way but happened to be speeding, the blame would be shared.
In short, like all auto accidents, issues like right of way don’t provide immunity from your responsibility to operate your motor vehicle safely.
Injured in a Failure to Yield Accident?
If you were injured in an auto accident, you have the legal right to seek compensation for your losses. Every Texan has the right to request a settlement from the other driver’s auto insurer or file a personal injury lawsuit with the help of a car accident attorney.
Your ability to claim monetary compensation will depend on different factors. Every case is unique, so it’s vital to hire a lawyer to guide you through the process.
Determining Liability
The onus is on you to prove that the liability for the accident falls upon the other driver. Your claim must establish that the other driver had a duty to yield the right of way and the driver failed to do so.
For example, if you arrive at an intersection at the same time as the other driver, the driver on the left must yield to the vehicle on the right. If the other driver to your left didn’t yield, this would prove they were primarily liable for the accident.
Evidence Collection
All personal injury lawsuits rely on acquiring enough evidence to prove that the other driver was liable for your injuries. Gathering evidence is crucial to proving your claim, which is where your lawyer can assist you.
Examples of evidence to prove these types of claims include:
Police reports
Witness statements
Eyewitness accounts
Dashcam footage
Security camera footage
Damage patterns to the vehicles
Traffic controls
Police Report Significance
Calling 911 and asking a police officer to attend the accident scene is one of the most important steps you can take. When the officer arrives, they’ll fill out a police accident report detailing the accident, including any traffic violations and their professional opinion on what happened.
Naturally, the views and opinions of a person in a position of authority carry substantial weight, which is why obtaining a police crash report is essential to building your case.
Insurance Implications
Failure to yield the right of way when required is a traffic violation, which is why it also has implications for your auto insurance provider. If the other driver was proven to be at fault, this is evidence that can be used to extract a greater settlement from the other driver’s insurer. Likewise, it also works the opposite way.
It could also increase your auto insurance premiums if you were found to be at fault because you didn’t yield the right of way.
Comparative Fault Rules
Texas operates on a modified comparative fault system. Under this model, drivers found to be 51% at fault for an accident or more are barred from claiming monetary compensation.
Typically, if the other driver didn’t yield the right of way when required, you’ll be able to claim compensation because they committed a traffic violation. However, if you’re assigned partial blame, your final compensation figure will be reduced accordingly.
For example, if you were found to be 20% at fault for an accident, your final settlement will be reduced by 20%.
Potential Legal Consequences
Right-of-way violations come with substantial penalties because of how easily they can result in serious injury or death to other road users. Texas law states that the penalties involved in these violations depend on whether an accident was caused and the severity of the injuries caused to other parties.
If someone other than yourself sustains a bodily injury, the fine ranges from $500 to $2,000.
If someone other than yourself sustains a serious bodily injury, you could be fined $1,000 to $4,000.
Although you can’t go to jail for a simple right-of-way violation, these citations are costly and could result in fines, court fees, and insurance premium increases.
Factors Affecting Fault Determination
Determining who was at fault in these types of accidents is the primary barrier to achieving a settlement that reflects your losses. Using all available evidence, fault is established by examining the circumstances of your accident.
Your lawyer will look into the traffic signals, road signs, and witness statements present at the scene. They’ll also obtain surveillance footage and may even call an expert accident reconstructionist to prove the other driver was liable.
Generally, the goal is to prove that the other driver had a duty to yield and failed to do so.
Immediate Steps After an Accident
What should you do immediately after an accident?
How you react to an accident is critical for strengthening your case and increasing the likelihood of winning a fair settlement. Here’s what to do:
Start by checking yourself and your passengers for injuries. Call an ambulance if you require immediate medical attention. You should also ask for a traffic officer to attend.
Gather evidence from the scene. Evidence is freshest in the immediate aftermath of an accident. Use your cell phone to take photos of visible injuries, vehicular damage, road conditions, and nearby road signs.
Ask any eyewitnesses if they’d be willing to give a statement and take down their contact details.
Exchange insurance details with the other driver and wait for the officer to attend and fill out an accident report.
Seek medical attention from your nearest emergency room for a medical examination, as some injuries, like whiplash, may not display any immediate symptoms. Keep any medical documentation, including bills, to prove the extent of your injuries and make it easier to claim later.
Understand that you have the legal right to seek recourse for any damages, which include tangible and non-tangible losses. Some examples of compensation they can help you claim include:
Lost wages
Mental anguish
Property damage
Wrongful death
The best way to handle this is to contact an Austin car accident attorney and allow them to take control of your case. Statistics from Nolo show that lawyers typically win settlement amounts that are three to four times higher than those who try to fight their cases without legal representation.
Ensure your legal rights are preserved and that you don’t lose out because of another driver's negligence. Contact a lawyer and initiate legal proceedings today.
Yielding the Right of Way FAQs
Who has the right of way in Texas?
Determining the right of way depends on the specific circumstances. The general principles of safe driving regarding the right of way are the same across the whole country, but every state has its own quirks. Consult the rules for Texas to learn more about what you should do in different situations.
How should I deal with my insurance company after a failure to yield accident?
You must notify your insurer as soon as possible after a failure to yield accident. Provide detailed information about the incident, but be wary about speaking to insurance adjusters. Let your lawyer do the talking to avoid inadvertently jeopardizing your settlement.
Can you go to jail for not yielding the right of way?
No, you can’t go to jail for not yielding the right of way. Not yielding is classified as a relatively minor offense within the Texas legal code. However, you can be fined substantial amounts, and some people have gone to jail due to these accidents when paired with other offenses, such as driving under the influence.
