What is Failure to Yield?
Failure to yield refers to a situation where a driver fails to yield the right of way appropriately, resulting in a crash or accident. When a driver fails to yield, it means they do not give the appropriate priority or right of way to other drivers or pedestrians as required by law. When you’re involved in a failure to yield accident in Houston, the consequences can be devastating. If you find yourself in such a situation, it’s essential to understand your rights and seek legal assistance from a Houston failure to yield accident lawyer.
Failure to yield can lead to legal consequences and potential liability for any resulting accidents. If a person is injured due to another driver’s failure to yield, they may have grounds to sue for compensatory damages, including economic and non-economic damages such as medical bills, lost income, out-of-pocket expenses, vocational rehabilitation, and pain and suffering. In some states, the spouse of an injured person can also bring a claim for loss of consortium.
How Do Failure to Yield Accidents Happen?
Failure to yield accidents occur when a driver fails to yield the right of way appropriately, resulting in a collision with another vehicle or pedestrian. These accidents typically happen in various situations, including:
- Intersections: Failure to yield can occur at intersections, whether they are marked with stop signs, traffic lights, or unmarked. Drivers may fail to yield when making a left turn, crossing an intersection, or arriving at an unmarked intersection simultaneously with another driver.
- Merging onto highways: Aggressive merging onto highways, where a driver fails to yield to oncoming traffic, can lead to failure to yield accidents.
- Entering from private driveways: Drivers entering the street from private driveways should yield the right of way to oncoming traffic. Failure to do so can result in accidents.
- Pedestrian crosswalks: Drivers must yield the right of way to pedestrians who are already in the crosswalk. Failure to yield to pedestrians can cause accidents.
- Flashing yellow or red lights: When faced with flashing yellow or red lights, drivers are required to yield appropriately. Ignoring these signals can lead to failure to yield accidents.
Failure to yield accidents often occur due to negligent driving and distracted behavior, such as using cell phones, sending text messages, or other forms of distracted driving. Other factors contributing to these accidents include speeding, drunk driving, frustration, aggressive driving, and adverse weather conditions.
Legal Provisions Applicable on Failure to Yield Accidents in Houston
In the context of Texas laws, there are specific provisions regarding failure to yield at intersections. According to the Texas Transportation Code, specifically Sec 545.153, the following rules apply to failure to yield at intersections in Texas:
- Stop Sign Intersections: When approaching an intersection controlled by a stop sign, an operator (driver) must come to a complete stop as required by Section 544.010 and yield the right-of-way to a vehicle that has already entered the intersection from another highway or is approaching so closely as to be an immediate hazard to the operator’s movement across the intersection. Failure to yield in this situation can result in a collision and is considered prima facie evidence of the operator’s failure to yield the right-of-way.
- Yield Sign Intersections: At an intersection controlled by a yield sign, an operator must slow down to a reasonable speed given the existing conditions and yield the right-of-way to a vehicle in the intersection or a vehicle approaching on another highway so closely as to be an immediate hazard to the operator’s movement across the intersection.
Regarding the penalties for failure to yield the right-of-way, the Texas Transportation Code, specifically Section 542.4045, outlines the following fines for offenses where an accident resulted from the operator’s failure to yield the right-of-way:
- If the accident caused bodily injury to a person other than the operator of the vehicle, the offense is punishable by a fine of not less than $500 or more than $2,000.
- If the accident caused serious bodily injury to a person other than the operator of the vehicle, the offense is punishable by a fine of not less than $1,000 or more than $4,000.
It is important to note that unless directed by a police officer or official traffic-control device, an operator must yield the right-of-way. Failure to yield in accordance with the law can result in penalties and fines.
Common Causes and Injuries in Failure to Yield Accidents in Houston
1. Causes: Several factors contribute to the failure to yield accidents.
- Distracted driving: This is one of the most common causes of failure to yield accidents. Drivers who are distracted by their phones, food, or other activities are more likely to fail to see other vehicles and yield the right of way.
- Impaired driving: Drivers who are under the influence of alcohol or drugs are also more likely to fail to yield the right of way. They may not be paying attention to the road or may misjudge the distance and speed of other vehicles.
- Reckless driving: Reckless drivers who speed, tailgate, or weave in and out of traffic are also more likely to fail to yield the right of way. They may be in such a hurry that they don’t take the time to check for other vehicles before making a turn or changing lanes.
- Ignorance of the law: Some drivers may simply not be aware of the rules of the road, including the requirement to yield the right of way in certain situations.
2. Injuries: The injuries that can occur in a failure to yield accident vary depending on the circumstances of the crash. However, some of the most common injuries include:
- Head injuries: Head injuries are a serious concern in any car accident, but they are especially likely in failure to yield accidents. This is because the force of the impact can cause the head to strike the windshield, dashboard, or steering wheel.
- Neck injuries: Neck injuries, such as whiplash, can also be common in failure to yield accidents. These injuries can cause pain, stiffness, and limited range of motion.
- Back injuries: Back injuries are another common type of injury in failure to yield accidents. These injuries can range from mild to severe, and they can cause pain, stiffness, and difficulty walking.
- Wounds: Wounds, such as cuts, bruises, and abrasions, can also occur in failure to yield accidents. These injuries can be caused by the impact of the crash or by flying debris.
- Fatalities: In some cases, failure to yield accidents can be fatal. This is especially likely if the impact is severe or if the victim is not wearing a seatbelt.
Failure to yield accidents can have severe consequences for all parties involved. Additionally, property damage can result in significant financial burdens. If you have been injured in a failure-to-yield accident, it is important to seek medical attention immediately. You should also contact an experienced Houston failure to yield accident lawyer to discuss your legal options.
Choosing the Right Houston Failure to Yield Accident Lawyer
Selecting the right lawyer can significantly impact the outcome of your case. Consider the following factors when making your decision:
- Experience and Expertise: Look for a lawyer with extensive experience in handling failure to yield accident cases. They should have a deep understanding of relevant laws and regulations, as well as a track record of successful settlements and court verdicts.
- Track Record of Success: Review the lawyer’s past cases and outcomes to gauge their effectiveness. A lawyer with a proven track record of obtaining favorable settlements or verdicts for their clients is more likely to achieve a positive outcome for your case.
- Client Testimonials and Reviews: Read testimonials and reviews from previous clients to get a sense of the lawyer’s professionalism, communication skills, and overall client satisfaction. Positive feedback can give you confidence in their ability to handle your case effectively.
- Fee Structure and Payment Options: Discuss the lawyer’s fee structure during your initial consultation. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Clarify the payment terms and ensure they align with your financial situation.
Steps to Take After a Failure to Yield Accident
Knowing the appropriate steps to take after a failure to yield accident can protect your rights and strengthen your case. Follow these essential steps:
- Seek Medical Attention: Your health should be your top priority. Seek medical attention immediately, even if you don’t think you’re seriously injured. Some injuries may have delayed symptoms, and a medical professional can document your injuries, which will be crucial for your claim.
- Report the Accident: Contact the local authorities and report the accident. This will generate an official accident report, which will serve as valuable evidence for your case. Cooperate with the police and provide accurate information about the incident.
- Gather Evidence: If you can do so safely, gather evidence from the accident scene. Take photographs of the vehicles involved, the surrounding area, and any visible injuries. Collect witness contact information, as their statements may support your version of events.
- Contact an Attorney: As soon as possible, reach out to a Houston failure to yield accident lawyer for legal representation. They will guide you through the process, handle communication with the insurance companies, and protect your rights at every stage.
Compensation for Failure to Yield Accidents
Victims of failure to yield accidents may be entitled to various forms of compensation. Factors such as the severity of injuries, medical expenses, property damage, lost wages, and pain and suffering will be considered when determining compensation.
Compensation in failure to yield accident cases typically includes economic and non-economic damages. Economic damages cover tangible losses like medical bills, property damage, and lost wages. Non-economic damages encompass intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
The amount of compensation you may receive depends on several factors. These include the extent of your injuries, the impact on your daily life, the degree of fault assigned to each party, and the skill of your legal representation.
Call us Now and Ask Your Questions
Being involved in a failure to yield accident in Houston can be a distressing experience. By hiring a skilled Houston failure to yield accident lawyer, you can ensure that your rights are protected and pursue the compensation you deserve.
Remember to take immediate action after an accident, seek medical attention, gather evidence, and consult with a legal professional who can guide you through the complexities of the legal process. With the right representation, you can focus on your recovery while your lawyer fights for your best interests.
For expert advice, just dial 281-943-5555 and we will take up from there.