Accidents Due to Failure to Yield Right of Way
What Does “Right of Way” Mean?
In terms of traffic laws, right of way refers to the legal right of a pedestrian, car, truck, motorcycle, bicycle or other vehicle to proceed before others into or through a particular part of the roadway. If you do not have right of way, then you have a duty to yield right of way to the person or vehicle that does have right of way.
How Do You Determine Who Has Right of Way?
The Texas Traffic laws also known as the “Rules of the Road” define who has right of way in any given situation. Obviously, a driver doe 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 Whomever 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 vehicles 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 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 right of way to approaching vehicles.
Right of Way Collisions
Failure to yield right of way can result in serious accidents. T-bone collisions are a common occurrence of people turning across traffic who fail to yield 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 right of way, call us for a free consultation regarding your rights.
Paul Cannon has practiced personal injury trial law since 1995. He is Board Certified in Personal Injury Trial Law (2005). He has earned recognition as a Super Lawyer by Thompson Reuters in 2017 & 2018, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association in 2017. He is a Shareholder, trial lawyer and online marketing manager at Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal, Business.com, Lawyer.com HG Legal Resources, Lawfirms.com, and others. He has been asked to give education talks and media interviews on dog bite law.