Autor: Shelby Benavidez
Defining and Understanding Right-of-Way
What Does Yielding the Right-of-Way Mean?
The term “right-of-way” refers to the legal right of a driver, pedestrian, or cyclist to go first in certain traffic situations. Yielding the right-of-way, letting someone else move ahead of you to avoid a crash, may sound like a simple and polite gesture, but it’s also a rule required by state and local traffic laws.
Failure to yield the right-of-way can lead to a traffic ticket and be grounds for liability in a civil lawsuit. In short, the law requires drivers to yield in order to keep traffic safe and running smoothly.
Which Vehicles Have the Right-of-Way?
Right-of-way is situational and determined by law or traffic controls. For example, at intersections without signals, it’s typically first come, first served, meaning the vehicle that arrives first gets to proceed first. If two vehicles arrive at the same time, the vehicle on the right has priority. In a “T” intersection, vehicles on the main road always have the right-of-way over those entering from the intersecting street.
In signal-controlled intersections, a green light authorizes a vehicle to go forward, turn left, or right, but only if the intersection is clear of other vehicles, pedestrians, and emergency vehicles. When making left turns or U-turns, drivers must yield to oncoming traffic unless directed otherwise by a signal, such as a green arrow.
Roundabouts operate under a rule that grants right-of-way to vehicles already circulating within the circle, requiring incoming drivers to wait until it’s safe to enter. Similarly, on highways and freeways, drivers merging from entrance ramps must yield to traffic already traveling on the main road, though exit ramps do not give merging vehicles priority to re-enter the freeway.
Emergency vehicles using sirens or flashing lights always have the right-of-way. All other drivers are required by law to move to the right and stop, if safe, to allow passage.
When Should You Yield Your Legal Right-of-Way?
Even if the law gives you the right-of-way, using it in a way that causes a crash can still make you legally responsible. Drivers should always yield if continuing forward would clearly be unsafe. For example, having a green light doesn’t make it okay to hit a pedestrian already in the crosswalk. Likewise, a driver with the right-of-way at an intersection still needs to watch out for others who might not stop.
The law puts safety first, not just who’s technically right. A driver may still be partly at fault if using their right-of-way wasn’t reasonable in the situation. Yielding, even when not strictly required, can help prevent accidents and avoid legal trouble.
Pedestrian Rights and Yielding Obligations
Do Pedestrians Always Have the Right-of-Way?
Pedestrians are afforded significant legal protections, particularly when using marked crosswalks or intersections. Drivers are generally required to yield to pedestrians in these situations. However, pedestrians must also comply with traffic signals and may be found partially at fault if they cross against a red light or enter traffic unexpectedly.
Many states require drivers to exercise due care to avoid colliding with pedestrians, regardless of whether the pedestrian is in the right. Still, pedestrians do not have blanket priority in all circumstances. For example, jaywalking or walking while impaired could reduce a pedestrian’s legal standing in a civil lawsuit. Courts may consider these actions as contributing factors to any resulting accident.
Can Cyclists Have the Right-of-Way?
Cyclists are treated like vehicles under the law and must follow the same traffic rules as drivers. This includes stopping at signals, yielding when required, and riding in the same direction as traffic. When in a bike lane or going with traffic, cyclists have the same right-of-way as cars.
Just like drivers of vehicles, cyclists are required to yield to pedestrians in crosswalks and at intersections. If they fail to yield and collide with the pedestrian, they can receive a ticket or be held legally responsible for any injuries. Cyclists need to be extremely cautious because they don’t have the same protection as a vehicle. Ignoring traffic laws obviously puts others at risk, but cyclists can be severely injured in a crash due to the risk of being thrown from the bike.
What Happens Legally After a Failure to Yield Accident?
If someone causes a crash by failing to yield right-of-way, they can face hefty financial and legal consequences. Police will typically check the scene to create a crash report and may give a citation to the driver at fault. These reports are crucial for insurance claims and any legal action that follows because the insurance companies and attorneys will review the police report and supporting evidence to determine liability.
If someone is hurt or there’s excessive property damage, the driver at fault could be sued for negligence. In extreme cases of negligence, such as someone being severely injured or killed, or if alcohol is involved, the driver could face criminal charges like reckless driving or even intoxicated manslaughter.
Texas Law and Your Legal Rights
Understanding Texas Transportation Code § 545.153
In Texas, right-of-way rules can be found in the Texas Transportation Code, Section 545.153. This law explains when drivers must yield, such as at intersections, when coming from a driveway, or when merging onto highways.
Drivers must yield to traffic on the main road when entering from a driveway or alley and must also yield to vehicles coming from the right at intersections without signs or signals. When merging onto a highway, drivers must wait for a safe opening. Breaking this law is a moving violation and can lead to fines, points on your license, and higher insurance rates.
How Texas Law Applies in Accident Liability
Texas uses a rule called modified comparative fault. This means you can only get money in a lawsuit if you were less than 51% responsible for the accident. If you’re more than 50% at fault, you can’t collect any compensation.
For example, if a driver making a left turn doesn’t yield and is hit by a speeding car, both drivers might share the blame. The turning driver may be mostly at fault, but the speeding driver could still be partly responsible, which might lower the amount they can claim or increase their share of the blame. This rule encourages drivers to be careful, yield when needed, and not rely solely on having the right-of-way.
Cómo contactar a un abogado especializado en lesiones personales
If you’ve been involved in an accident where someone failed to yield the right-of-way, speaking with a personal injury attorney is one of the most important steps you can take. Even if the situation seems straightforward, determining legal fault and securing fair compensation can be complicated, especially under Texas’s modified comparative fault rule. Insurance companies may try to minimize your claim or shift some of the blame onto you, which can significantly reduce your potential settlement or bar you from recovering damages altogether.
An experienced personal injury attorney can help protect your rights by gathering key evidence such as police reports, witness statements, and traffic camera footage. They can also deal directly with insurance adjusters, making sure that your statements aren’t misinterpreted or used against you. If needed, your attorney can file a lawsuit on your behalf and represent you in court, working to prove the other party’s negligence and maximize your compensation for medical bills, lost wages, property damage, and pain and suffering.
Legal deadlines, known as statutes of limitations, also apply to personal injury cases in Texas. Acting quickly after an accident helps preserve evidence and ensures you don’t miss the window to file a claim. Whether you were injured as a driver, pedestrian, or cyclist, consulting a qualified attorney gives you the best chance to recover both physically and financially.
Spanish 
English