Who’s at Fault? Determining Liability in Failure to Yield Accidents

We’ve all been there. You’re driving along, minding your own business, and someone cuts you off. Or worse — you’re T-boned at an intersection because someone ran a stop sign or failed to yield to you. In the aftermath of an accident, you might be wondering who’s to blame.

There are various types of car accidents, but one that appears to be preventable is the failure to yield the right-of-way accident. As the name suggests, these accidents occur when one driver fails to yield the right of way to another driver, resulting in a collision. When this happens, it’s important to determine who is at fault so that the appropriate party can be held liable.

If you’re not sure who’s responsible, it’s always best to consult with an experienced North Texas car wreck lawyer. Our team of experienced attorneys can help you evaluate the evidence and decide who is liable. And if you need help getting compensation for your injuries, they can assist with that as well.

In this article, our team weighs in on what constitutes a failure to yield accident, and what you can do if you’ve been injured in one.

What does failure to yield the right-of-way mean in Texas?

In Texas, failing to yield entails entering an intersection or navigating through traffic in defiance of laws or signals that mandate relinquishing the right of way. Traffic regulations dictate the order in which vehicles should move in such situations. When a driver seizes the right of way when it isn’t rightfully theirs, it constitutes a failure to yield. Most of Texas’ rules of the road are outlined in the Texas Transportation Code, Chapter 545.

Common Types of Failure to Yield Accidents in Texas

There are several different ways that a driver can fail to yield, but some of the most common that cause accidents include:

Left turn accidents:

These typically happen when a driver neglects to yield to oncoming traffic while making a left turn.

Right turn accidents:

These can occur when a driver fails to yield to pedestrians or other traffic when making a right turn.

Merge lane accidents:

These frequently occur when a driver in a merging lane fails to yield to traffic in the main lane.

Side-impact collisions:

These accidents can take place when a driver fails to yield while changing lanes or turning into traffic.

Intersection collisions:

Drivers who come to a stop at a stop sign must yield the right of way to any oncoming traffic or pedestrians before proceeding.

Failing to Yield Accidents Are Often Deadly

If you’re like many drivers, you might perceive failing to yield as a minor infraction. After all, it’s just a traffic violation, right? Well, that’s not the whole truth. Failing to yield is a contributing factor in nearly 7% of all car accidents, as reported by the National Highway Traffic Safety Administration, often leading to severe injuries and, tragically, fatalities. It hits closer to home, too. In 2022, the Texas Department of Transportation recorded 1,030 people killed in crashes that occurred in or were related to intersections.

Injured in a Failure to Yield Accident. Now What?

If you’ve been injured in a car accident that was not your fault, specifically due to a failure to yield, you might be wondering how you can pursue compensation for your injuries and other damages. One of the first steps to take is to prove that the other driver was negligent. Once the fault has been established, the magnitude and severity of your injuries are determined and the cost of your medical care and other damages are calculated, you can begin negotiating a settlement with the at-fault party’s insurance company. Here’s what you need to know about proving fault and negotiating a settlement.

Proving Fault and Negotiating a Settlement — Can You Do It Yourself?

To establish that the other driver was at fault, you will need to gather evidence and present it to the other driver’s insurance company. The insurance company will then investigate the claim and decide on fault.

If you’ve been able to prove that the other driver was liable and the insurance company agrees, you can begin negotiating a settlement with the other driver’s insurance company after you have gathered the necessary evidence to prove your damages.

Sounds fairly cut and dry, doesn’t it?

However, do you feel comfortable interpreting the multitude of traffic laws delineated in the Texas Transportation Code, Chapter 545, and gathering the necessary evidence? Are you well-versed in the art of negotiating with insurance company adjusters and attorneys? The prospect of dealing with all these complexities can become overwhelmingly daunting, especially when you’re in the process of recovering from potential injuries.

This is where enlisting the assistance of an experienced car accident attorney can alleviate your burden, helping you navigate the legal system and ensure that your rights are protected.

Benefits of Working With an Experienced North Texas Car Accident Lawyer

Although it may seem like pursuing a car accident claim on your own is an easy DIY project, there are many benefits to working with a lawyer experienced in car wrecks.

  1. They’ll Fight for You — An experienced attorney will take charge of all the fact-finding, development of damages, paperwork, and negotiations with the insurance company on your behalf. It’s important to note that insurance company adjusters and attorneys may not always cooperate, and having a professional negotiate with them can be a significant relief, particularly when you’re still coping with injuries from the accident.
  2. They’ll Get You the Most Compensation — Our team of lawyers will conduct a thorough investigation of the accident to identify all potential sources of compensation. This is important because insurance companies are often reluctant to pay out full and fair settlements. By working with a car accident lawyer, you can be confident that you’re leaving no stone unturned in your quest for justice.
  3. They Don’t Get Paid Until You Do — Most car accident lawyers, including our attorneys at the Law Offices of Tim O’Hare, typically do not require upfront fees. With our team, you only incur charges if and when compensation is awarded.
  4. They’ll Give You Peace of Mind — Having a car accident lawyer on your side can simply give you peace of mind during a difficult and stressful time. At the Law Offices of Tim O’Hare, we understand the challenges you’re facing, and we’re here to help in any way we can.
Who's at Fault? Determining Liability in Failure to Yield Accidents

Involved in a Failure to Yield Accident? Seek Help from the Law Offices of Tim O'Hare.

​After being involved in a car accident, you may be feeling overwhelmed and unsure of what to do next. One of the first things you should do is reach out to a car accident lawyer for assistance. At the Law Offices of Tim O’Hare, we have extensive experience helping accident victims get the compensation they deserve. Contact us today for a free consultation.