Many crashes in San Marcos, Texas are caused by drivers’ failure to yield the right of way. A failure-to-yield accident can leave you in agonizing pain and facing crippling medical bills. If you’ve been injured in a failure-to-yield accident, the San Marcos, Texas car accident lawyers at Herrman & Herrman are here to help.
Our attorneys have more than 100 years of combined legal experience, and we are committed to using that knowledge and training to help everyday Texans seek full compensation after serious accidents caused by others. Our clients have recovered millions of dollars to rebuild their lives. Our track record and dedication to our clients have also earned us widespread recognition, including membership in the Multi-Million Dollar Advocates Forum, an invitation-only group of lawyers who’ve won multi-million dollar judgments on behalf of their clients.
If you’re interested in learning more about our legal services and how Herrman & Herrman can help you after a failure-to-yield accident, our attorneys are available to review your traffic accident and answer any questions. Get a free initial consultation by calling one of our locations throughout Texas or by visiting our contact page. We look forward to speaking with you.
What does “failure to yield” mean?
Drivers in Texas are required to follow traffic laws and posted signs, including yielding the right-of-way in certain situations to keep traffic moving and help other drivers stay safe.
Failure-to-yield accidents occur when drivers do not yield the right-of-way to another driver, motorcyclist, or pedestrian when they are required to do so. Depending on the specific circumstances of the accident, the injured driver can be the driver whose vehicle was hit or a motorist who drove into the vehicle that failed to yield.
For example, a driver might fail to yield to oncoming traffic while attempting to make an unprotected left turn at a stoplight. Depending on the timing of the crash, the driver who failed to yield might strike another car or might be the one who is struck by oncoming traffic. Similar situations often play out when drivers are attempting to merge onto a highway from an access lane or while entering a street from a private driveway.
How do failure-to-yield accidents happen?
Some of the most common causes of failure-to-yield accidents include:
- Aggressive driving– Many drivers find themselves in failure-to-yield accidents because of overly aggressive driving behaviors. Examples include a driver trying to merge into an occupied lane without enough room or trying to make a left turn across oncoming traffic.
- Drunk or drugged driving– Drivers who are driving while intoxicated have impaired judgment and are slower to recognize and respond to potential accident situations. Alcohol or drugs can cause a driver to misjudge the distance between vehicles or cause the driver to act in an overly aggressive manner.
- Distracted driving– Talking on the phone, sending or reading a text message, and other distractions take a driver’s eyes off the road when they should be paying attention to the traffic conditions around them. Distracted driving is particularly dangerous when drivers are around pedestrians. It’s easy for a distracted driver to miss someone crossing the street in front of them.
- Driver error- Failure to understand the rules regarding the right-of-way can lead to accidents. Ignorance is no excuse for negligence, however, especially if it causes someone else harm.
Right-of-way laws and types of failure-to-yield accidents
Here are a few important right-of-way laws to keep in mind, whether or not you’ve been involved in an accident:
- If two or more vehicles arrive at a 3-way or 4-way intersection at the same time and there is a stop sign at each point of the intersection, the driver or drivers on the left should generally yield to the driver or drivers on the right.
- At traffic lights, drivers waiting to make a left turn without a turn arrow must yield to oncoming traffic.
- If a traffic light is malfunctioning, all drivers must stop at the intersection and make sure it’s safe before crossing. If multiple vehicles arrive at the same time, the drivers on the left should yield to drivers to their right.
- All drivers must yield to pedestrians crossing at marked or unwanted crosswalks. However, pedestrians also have a duty to watch out for their own safety and should cross with the light. A pedestrian should never step off the curb in front of an oncoming car that doesn’t have time to stop.
- At traffic circles, all drivers must yield to pedestrians as well as any vehicles already moving in the traffic circle. If two vehicles arrive at a traffic circle at the same time, drivers to the left should generally yield to drivers to the right.
Here are a few of the most common types of failure-to-yield accidents:
- Drivers failing to yield to pedestrians
- Drivers failing to yield when merging into traffic
- Drivers failing to yield for emergency responders when required
- Drivers failing to yield to street traffic when exiting from a driveway or parking space
- Drivers failing to yield at traffic lights or stop signs
- Drivers failing to yield to oncoming traffic when attempting to make an unprotected left turn
Liability in a failure-to-yield accident
Determining fault and liability can be somewhat complicated when it comes to failure-to-yield accidents. This is because in many of these accidents, the injured driver was the one who collided with the vehicle that failed to yield.
Often, we assume the driver who was hit was not the one responsible for the crash, but that’s not always the case in failure-to-yield accidents. For instance, if a driver proceeded through an intersection when they did not have the right-of-way and were hit, they would likely still be the one responsible for the crash. A driver who runs a red light and is struck by another vehicle would still be liable for failure to yield.
It’s crucial to talk to a lawyer if you’re involved in a failure-to-yield accident. To recover compensation for your injuries, you’ll need to show how the other driver was responsible for causing the accident, even if you ended up hitting them because of their negligent actions. Establishing liability is crucial in a car accident claim. If you are found to be partially liable for a crash, your compensation for your injuries may end up being reduced if compensation is awarded through a settlement or court award.
Types of injuries you can suffer in a failure-to-yield accident
A few of the most common injuries people sustain in failure-to-yield accidents include:
- Severe lacerations and deep bruises
- Fractures and broken bones
- Damage to soft tissues (ligaments, tendons, muscles)
- Damage to internal organs
- Neck and back injuries including whiplash, slipped or herniated discs, and more
- Spinal cord damage
- Head injuries
- Traumatic brain injuries
Damages you can recover after being injured in a failure-to-yield accident
Texas law allows those hurt in accidents caused by others’ carelessness or disregard for safety to pursue compensation for their injuries and financial losses. If someone failed to yield the right-of-way and hit you, you may potentially recover compensation for:
- Medical bills
- Lost wages
- Reduced ability to work and earn a living
- Vehicle repairs or replacement
- Replacement of damaged personal property
- Physical pain and suffering
- Mental anguish
One important thing to note about recovering compensation for a car accident is Texas’ liability standard for personal injury claims. Unlike some states, Texas law allows car accident victims to claim compensation for their injuries even if they are partially responsible for a crash. However, if you are found to be partially responsible for the accident, your compensation will be reduced proportionately according to your percentage of fault.
In practical terms, it works like this: If you file a claim against another driver for your injuries and you are awarded $100,000 and you are found to be 20 percent responsible for the crash, then your award would be reduced by 20 percent and you would receive $80,000. The skilled lawyers at Herrman & Herrman can help you develop the strongest case possible to give you the best chance at recovering the maximum amount of compensation.
Contact a San Marcos, Texas failure-to-yield accident attorney today!
Our attorneys know the physical, emotional, and financial toll a failure-to-yield accident can take, and we want to help you rebuild your life. To ensure that anyone who needs quality legal representation gets the help they deserve, our clients don’t pay us anything until we recover compensation for them. We only get paid if our attorneys are successful in obtaining compensation for you.
Call Herrman & Herman to speak with an attorney about the failure-to-yield accident in which you were injured. Get your free case review by calling or reaching out to us online now and find out how we can help you.