Many crashes come down to one question: who was supposed to go first? In Texas, the Transportation Code answers that question. A driver who fails to yield when the law requires it can be cited, and the failure is strong evidence of who caused the collision.
Intersections without a sign or signal
At an intersection with no stop sign, yield sign, or working signal, the basic Texas rule is to yield to the right. A driver must stop and yield to a vehicle that has already entered the intersection from the driver’s right, or that is approaching from the right close enough to be a hazard.
The statute sets out several situations where that rule gives way to a more specific one:
- A road that ends at the intersection. A driver on a street that terminates at the intersection, such as the stem of a T, must yield to traffic on the other road.
- An unpaved road meeting a paved one. A driver on the unpaved road must yield to vehicles on the paved road.
- A small road meeting a divided or multilane road. A driver on a one- or two-lane road who reaches an uncontrolled intersection with a divided highway, or a road with three or more marked lanes, must yield to traffic on that larger road.
In each case, the driver who must yield may proceed only when they can enter the intersection safely. If that driver collides with, or interferes with, traffic that had the right-of-way, the law presumes the driver did not yield.
Stop signs, yield signs, and dark signals
At a stop sign, a driver must stop and then yield to any vehicle already in the intersection or approaching so closely as to be an immediate hazard.
At a yield sign, a driver must slow to a reasonable speed and yield to vehicles in the intersection or approaching closely enough to be an immediate hazard. If a driver passes a yield sign without stopping and collides with a vehicle in the intersection, the collision is, unless proven otherwise, evidence that the driver failed to yield.
A traffic signal with no light showing in any of its signal heads, as during a power outage, is treated as a stop sign.
Turning at an intersection
A driver turning left at an intersection, or into an alley, private road, or driveway, must yield to oncoming vehicles that are in the intersection or close enough to be an immediate hazard.
At a traffic signal, a driver facing a green light may go straight or turn, but must yield to vehicles lawfully in the intersection and stop for pedestrians lawfully in the intersection or an adjacent crosswalk. A driver turning right on red must first stop, then yield to pedestrians in an adjacent crosswalk and to other traffic lawfully using the intersection.
Driveways, alleys, and frontage roads
A driver about to enter or cross a road from an alley, a building, or a private road or driveway must yield to vehicles approaching on that road.
Texas also has a rule for its frontage roads. A driver on the access or feeder road of a controlled-access highway must yield to vehicles leaving the highway onto the frontage road and to vehicles leaving the frontage road to enter the highway.
Emergency vehicles, school buses, and trains
When an authorized emergency vehicle approaches using its siren and emergency lights, or a police vehicle approaches using either one, drivers must yield, and pull over as close as possible to the right-hand edge or curb clear of any intersection. They must also stop until it has passed, unless a police officer directs otherwise. A separate law covers emergency and other vehicles that are already stopped with their lights on: drivers must move over or slow down.
School buses and trains call for a full stop, not just yielding. Drivers must stop for a school bus stopped with its visual signals operating, and must stop at a railroad crossing when a signal, lowered gate, flagger, or approaching train warns them to.
Pedestrians
Where no traffic signal is in operation, a driver must stop and yield to a pedestrian in a crosswalk who is on the driver’s half of the road or approaching closely from the other half. At a signal, a pedestrian facing a walk signal has the right-of-way. A pedestrian crossing anywhere other than a crosswalk must yield to vehicles, but every driver must still exercise due care to avoid hitting a pedestrian. The firm’s page on pedestrian accidents explains these rules in more detail.
When a failure to yield causes a crash
Failing to yield is a traffic offense, and the penalty increases when it causes a collision that injures someone other than the driver who failed to yield. The fine ranges from $500 to $2,000 if another person suffers bodily injury and from $1,000 to $4,000 if another person suffers serious bodily injury.
A failure to yield is also reviewed when fault is assigned, along with the crash report, physical evidence, and witness statements. If you were hurt in a crash where another driver did not yield, get medical care first, make sure the crash is reported, and photograph the scene, the signs or signals, and the vehicles if it is safe to do so. Tell the lawyers at Leatherwood & Schindler what happened. The firm also explains how a car accident claim works.