Failure to Yield Right of Way Accidents

Failure to yield right-of-way accidents are collisions that occur when one vehicle operator has a legal obligation to allow another vehicle to proceed first and fails to do so. It may occur in the contact of who goes first at an intersection to prevent an intersection collision or it may occur in a situation where someone makes an unsafe lane change not recognizing that someone else is occupying the lane and has the right to be there.

What Does Right of Way Mean?

In terms of traffic laws, the right of way refers to the legal right of a pedestrian, car, truck, motorcycle, bicycle, or another vehicle to proceed before others into or through a particular part of the roadway. If you do not have the right of way, then you have a duty to yield the right of way to the person or vehicle that does have the right of way.

Yield Right of Way SignHow Do You Determine Who Has Right of Way?

The Texas Traffic laws also known as the Rules of the Road define who has the right of way in any given situation.   Obviously, a driver does not have time to stop and refer to these as he is driving down the road. So, here are some general rules that motorists should remember to follow regarding who has the right of way, which include the following:

  • Drivers Backing up Should Always Yield to Drivers in the Road. Motor vehicle drivers who are in the process of backing up must remain cautious of passing vehicles.
  • Drivers at Four Way Stops Should Allow Whoever Arrives to Go First After Stopping. This rule allows motor vehicle operators the ability to decide who should be allowed to proceed first when multiple vehicles are at an intersection.
  • Drivers Located in a Roundabout Should Yield to Motor Vehicles Already in the Circle. Motor vehicle drivers should always remember to follow this rule and that the right of way will move to the right.
  • Follow Road Signs. Motor vehicle operators must remember to obey signs that notify drivers that they do not have the right of way.
  • Merging Drivers from an On-Ramp Always Have the Right of Way. In these situations, motor vehicle drivers must remember to adjust a motor vehicle’s speed and position in such a way as to avoid an accident.
  • Pedestrians in a Crosswalk Always Have the Right of Way. Motor vehicle drivers should make sure to remain alert for pedestrians.
  • Yield to Emergency Vehicles, Stopped School Buses, and Funeral Processions. Motor vehicle operators must always remember to respect the right of way of these special kinds of motor vehicles.
  • Yield Right of Way to Vehicles Already in an Intersection. A vehicle attempting to enter an intersection should yield the right of way to any other vehicle already in the intersection.
  • Drivers Turning Across Traffic Must Yield. If you are attempting to turn across oncoming traffic, you have a duty to yield the right of way to approaching vehicles.

Right of Way Collisions

Failure to yield the right of way can result in serious accidents. T-bone collisions are a common occurrence of people turning across traffic who fail to yield the right of way. This occurs in intersections as well as open roadways. At Simmons and Fletcher, P.C., we understand how these wrecks can turn your life upside-down. If you have been the victim of someone else’s failure to yield the right of way, call us for a free consultation regarding your rights. Our right-of-way accident lawyers charge nothing for the initial consultation. If we take on your case, we charge you no attorney fees and none of our attorney expenses unless we make a recovery for you.



If you have a personal injury case and would like to know whether it is something that our law firm can help you with, please fill out the form to the right and submit your information or pick up the phone and call us between 8:30 AM and 4:00 PM on Monday through Thursday and 8:30 AM  and 5:00 PM on Friday and out intake team can go help evaluate your case and determine who the best person is for you to talk to about your case. Consultations are 100% free and you have no obligation to hire us.


Simmons and Fletcher, P.C., rooted in Christian values, exclusively handles personal injury cases, advocating for the rights of accident and negligence victims. Our Houston-based team, dedicated to compassion and excellence, handles cases across car accidents, motorcycle accidents, truck accidents, slip and falls, dog bites, and other types of cases with a commitment to personalized care. Upholding integrity and client-focused service, we strive for impactful legal outcomes. For a detailed understanding of our approach and team, visit our attorneys page.

Contact us for a free case assessment.