One of the common causes of car accidents in Dallas is when a driver fails to yield to oncoming traffic, emergency vehicles, pedestrians, or cyclists. If you suffered an injury caused by a driver failing to yield the right-of-way, you can seek compensation through an auto insurance claim or personal injury lawsuit. However, it’s vital that you understand how the state’s failure to yield laws could impact your case for better or worse.
Common Failure to Yield Violations and Penalties
A driver who fails to yield the right-of-way, such as at an intersection or when a yield sign is present, could be guilty of a traffic violation. In Dallas, these violations result in fines of varying amounts depending on the circumstances and a flat fee of $134. They may also appear on driving records and increase insurance premiums.
General Failure to Yield
Most failure to yield incidents result in a $97 fine, but general failure to yield to a motor vehicle comes with an $85 fine. If the failure to yield results in injury to another person, the penalties will be higher. Failing to yield the right-of-way could also have civil liability implications.
Failure to Yield at Intersections
Failing to yield the right-of-way when required by a stop or yield sign at an intersection can result in a $97 fine. A driver who fails to yield to oncoming traffic when turning left at an intersection faces the same fine.
Failure to Yield to Emergency Vehicles
When an emergency vehicle approaches with its lights and siren active, drivers must pull off to the right to make way. Failing to yield to an emergency vehicle, including ambulances, fire trucks, and law enforcement vehicles, may result in a $162 fine.
Failure to Yield to Pedestrians in Crosswalks
Drivers must yield the right-of-way to pedestrians in crosswalks, even if the signal changes while the pedestrian is still crossing the road. Failure to do so could result in a $162 fine for the motorist. However, if the pedestrian sustains injuries because of the failure to yield, the driver may face additional penalties.
Failure to Yield Causing an Accident with Injury or Death
When failing to yield results in bodily injury to someone other than the vehicle’s driver, the driver can face a fine of between $500 and $2,000. If the injury is serious, the fine may be between $1,000 and $4,000. If the failure to yield results in the death of another person, the driver could face felony criminal charges.
Legal Consequences of Failing to Yield in Texas
The penalties for failing to yield in Texas vary depending on the circumstances of the case. A general failure to yield infraction may result in the driver having to pay a fine and a fee and receiving violations on their driving record. However, more serious failure to yield cases, such as ones causing injuries, can have severe consequences.
In addition to potentially facing criminal penalties, drivers who fail to yield and cause a crash can be held liable for any resulting damages. Through a personal injury claim, victims of Texas failure to yield accidents may recover compensation for their:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Property damage
Criminal charges and civil cases are handled separately. But if the driver who caused your injuries is cited or convicted for causing an accident resulting in injury, that can strengthen your civil case for compensation.
Determining Fault for a Dallas Failure to Yield Collision
Identifying who caused a Dallas failure to yield accident may not be as simple as it seems. Typically, the person who failed to yield when required will be at fault. However, there may be debate on who actually had the right-of-way, and multiple people can share liability.
Your car accident attorney will conduct a thorough investigation to determine what contributed to the traffic collision and who can be held liable. They may review evidence from:
- The police report, which may note a failure to yield citation
- Witness statements
- Accident scene photos and videos
- Traffic, dashboard, and surveillance camera footage
- Vehicle damage and injuries
- Accident reconstruction experts
If one driver doesn’t yield the right-of-way to another when they are supposed to, proof of their failure to yield can be strong evidence in a civil case. For example, if traffic camera footage shows the driver turning left as you safely approached the intersection from their left side, it will be hard for them to argue that they weren’t at fault for the accident.
Modified Comparative Negligence
Texas uses a modified form of comparative negligence when assigning liability for failure to yield and other motor vehicle accidents. This rule can significantly impact your case, depending on the circumstances of the collision, such as which driver had the right-of-way.
Under comparative negligence, a victim’s damages are reduced by their degree of fault. This means that if you were 20 percent to blame, you could only recover 80 percent of your damages from the at-fault party. Texas also bars victims from recovering damages at all if they were more than 50 percent at fault for the accident.
An example of how this could impact your case is if you were speeding and another driver turned left in front of you. They may be partially liable for failing to yield to you. However, you may also be partially liable for speeding.
Injured in a Failure to Yield Accident? Contact Our Law Firm Today
If you were injured in a Dallas failure to yield accident, you need an experienced injury attorney who can help maximize your compensation. At Kraft & Associates, Attorneys at Law, P.C., our team has over 50 years of trial experience. We encourage you to read our many positive Google reviews and client testimonials to see how our team prioritizes our clients’ well-being, such as this one:
“It was nice to get feedback whenever I needed it. The attorneys were accessible whenever I wanted to talk, and the office took the time to hire extra firepower when the other party’s adjuster tried to lowball me. The time the attorneys took to handle my case was appreciated.” – Christopher G.
Contact us at (214) 999-9999 for a free consultation about your case with a skilled car accident lawyer.
