Texas has traffic laws that help prevent roadway accidents, yielding appropriately is one of them. Unfortunately, this is an often ignored or misunderstood traffic rule. The Insurance Information Institute states that failing to yield accounts for a majority of accidents in the United States.
When you’re injured because a driver failed to yield, our Houston failure to yield accident lawyers can help you recover compensation for your damages. Our Houston car accident lawyers work on a contingency fee-basis which means you don’t pay unless we win for you. Call us today to learn how our Houston personal injury lawyers can help get you the compensation you deserve.
What Are Failure to Yield Accidents?
There’s a common misconception that the right-of-way is a fundamental right for every driver. To begin with, the “right-of-way” means that you are allowed to continue driving in a specific direction under normal circumstances. However, Texas Transportation Code § 545.153 requires drivers to yield their right-of-way in specific situations to allow other drivers to pass and possibly avoid causing accidents.
Failure to yield accidents occur when a driver doesn’t allow someone else to have the right-of-way for whatever reason. In many cases, drivers:
- Don’t believe the other vehicle has the right-of-way
- Are impatient
- Don’t see other vehicles coming. Other causes of these accidents include:
- Were driving (talking on the phone, eating, changing radio stations, and talking to a passenger)
- Don’t understand the traffic flow
- Drunk or drugged
- Are aggressive
The most common causes of failure to yield accidents in Houston, Texas, include:
Parking Lots and Driveways Accidents
When driving from a driveway or parking lot, a driver must give way to oncoming traffic and only join the highway if the path is clear. Failing to yield in these situations always results in nasty collisions.
Accidents Involving Pedestrians and Bicycles
In Houston, the law requires drivers to give way to pedestrians and cyclists, especially in designated areas such as crosswalks. When a driver fails to yield, they might run into a pedestrian, resulting in devastating and catastrophic injuries in some cases.
Left Turns
This a common type of failure to yield accident. When a driver makes an unprotected left turn without giving way, they can crash. Or, a driver might make a protected left turn but still collide with another vehicle that should have let them go.
Ignoring Traffic Signs and Lights
Drivers who ignore stop signs, traffic lights, and yield signs can crash. Traffic signs and lights ensure that everything runs orderly. Failure to respect them causes havoc, at the very least.
Confusion at Three-Way and Four-Way Stop Signs
Still, on road signs, three- and four-way intersections continue to confuse drivers in Houston. The law states that if two or more vehicles are approaching a three or four-way stop sign simultaneously, the car on the right side must give way for the one on the left to pass.
With this clearly laid out structure, accidents are not supposed to happen at such points, but they still do! Many drivers usually ignore these stop signs, while some can be genuinely unaware of their presence.
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Injuries from Failure to Yield Accidents that Could Entitle You to Damages
Common injuries associated with failure to yield accidents include:
- Neck and back injuries
- Severe lacerations
- Spinal cord injuries
- Damaged internal organs
- Mental health disorders
- Fractured and broken bones
- Head injuries
- Soft tissues damages
Can You File a Failure to Yield Accident Claim?
If you have been involved in a car crash and believe the other driver should have yielded, you can file an accident claim for this. You could pursue compensation for your losses. However, your success or failure will depend on how well you argue your case and the evidence you produce.
Victims must prove that the at-fault party is responsible for their losses. You can achieve this by:
- Providing video and photo evidence of the accident scene
- Bringing forth all the medical bill receipts indicating the kind of medication received following the accident
- Requesting police accident reports
- Talking to key eyewitnesses
- Providing evidence of property damage, e.g., skid marks and dents on your vehicle
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What Losses Can You Claim from a Houston Failure to Yield Accident?
Assuming that you can prove another driver failed to yield, leading to your accident, you could recover compensation for:
- Property damages
- Medical expenses
- Pain and suffering
- Lost wages
- Loss of consortium after a wrongful death
The Time Limit for Filing Your Failure to Yield Accident Claim in Texas
You have up to two years from the time of the accident to file your Houston accident claim under Texas Civil Practice and Remedies Code § 16.003. Failure to do this renders your case null and void. While two years might seem a long time, it’s not.
Apart from needing some time to recover from your injuries, filing your claim early gives you time to find all the evidence. The more you wait, the higher the chances that you might not gather sufficient evidence to validate your case.
Do You Need a Houston Failure to Yield Accident Lawyer to File Your Claim?
You do not need a lawyer to file a claim or lawsuit under the law. However, getting a lawyer for your accident claim can take some stress off you. You can rest easy knowing you have someone on your team pursuing fair compensation. Here’s how your attorney can help you:
- Collecting critical evidence
- Talking to key eyewitnesses
- Accessing crucial police reports (it might be difficult for you to do this alone)
- Representing you in negotiations as you focus on recovering from your injuries
Throughout this time, your attorney will be providing you with important information about how your case is proceeding and what you need to do to guarantee success. If push comes to shove, your lawyer can file a lawsuit to recover your compensation.
Where to Find a Failure to Yield Accident Lawyer in Houston
For years, Loncar Lyon Jenkins has helped personal injury victims recover compensation for their injuries. Our professionals will welcome you when you come to us.
They will conduct a free case review and advise you on the best way forward. Call today about your failure to yield/motorcycle, car, or truck accident.
