Imagine that a pedestrian, motorcycle rider, bicyclist, or vehicle occupant was suddenly struck by a negligent driver who failed to yield the right-of-way.
There are several different sections of the Texas Transportation Code addressing failure to yield and right-of-way. One example is found in Texas Transportation Code 544.010, which states that “an operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.”
If a driver failed to yield, then the injured victims could be eligible for compensation under Texas law. All it takes is the defendant’s negligence causing your injuries in a failure to yield accident and a source from which to recover your damages to start your claim.
At Patterson Law Group, our dedicated personal injury attorneys are equipped to handle failure to yield cases like these near San Antonio, Texas. We have helped many clients hold at-fault parties accountable for their physical injuries, lost wages, emotional pain and suffering, and, in some cases, punitive damages. Contact our lawyers at (210) 874-2424 to seek sound legal advice.
Proving Liability in a Failure to Yield Accident in San Antonio
A defendant must commit negligence to be liable in this kind of case.
Failure to yield could take many forms including:
- running a stop sign
- not waiting for his or her turn to cross traffic
- making an improper U-turn
- turning left on a yellow signal
- failing to see pedestrians or cyclists in the crosswalk
- failure to slow down in a construction zone
- moving over into the bike lane
Negligent drivers could be distracted or exhibit impaired judgment due to DUI, drugs, or other controlled substances. Other drivers could be texting on their phones or messing with their pets or reaching for something they dropped. An experienced failure to yield a personal injury lawyer in San Antonio should review your case and determine if there is a viable claim.
Common Injuries in Failure to Yield Accidents
When we review failure to yield injury claims like yours, we look at the severity of the injuries. In 2018, the Texas Department of Transportation reported 161 fatalities and 687 suspected serious injuries in work zone crashes.
Some serious injuries that occur in failure to yield accidents are:
- Spinal injuries
- Injuries requiring Surgery sometimes, multiple surgeries
- Broken bones
- Broken teeth/jaws
- Chronic pain
- Loss of bodily function
- Brain injury
- Intellectual impairment
- Loss of sight or hearing
- Wrongful Death
Other pieces of evidence may help to support your claims, such as the traffic accident report, photos from the crash scene, photos of vehicle damage, and special investigation records.
Recovering Damages in a Failure to Yield Accident
Once you seek medical treatment, a provider can determine what kind of follow-up care will be needed. If you need surgery, therapy, pain management, or other treatments, then these may be costly.
Your attorney will also consider if the accident resulted in lost wages and/or permanent disability with the help of medical providers. Sadly, some car accident victims never return to the quality of life they had before the crash. At Patterson Law Group, an experienced legal team will commit to giving you rightful compensation for damages. Get in touch with our office at (210) 874-2424 for a free consultation.
San Antonio Failure to Yield FAQ
What is Failure to Yield?
Some examples of how a failure to yield occurs include when the driver moves his or her vehicle past the lines or markings on the road at an intersection and interferes with another’s right-of-way. In addition, a driver may have ignored posted warning signs. He or she may have plowed through a construction zone, intersection with a stop sign or traffic signal, or a bike lane.
When Do You Have to Yield the Right of Way in San Antonio?
When approaching a stop sign or red light, you must fully stop behind the line before turning left or right. To make a U-turn, yield to another driver who is turning right at the intersection. At a four-way stop, the driver who is there first has the right of way. Be cautious of emergency vehicles, construction zones, buses rejoining traffic flow, and bicyclists in the bike lanes.
What Kind of Costs Can I Recover in a Failure to Yield Accident?
At Patterson Law Group, we see cases in which victims experience long-term effects from a careless driver. You may be entitled to compensation for medical bills, lost wages, pain/suffering, and punitive damages. According to Texas law, a claimant has two years from the date of injury to file a lawsuit for personal injury or wrongful death. Your claim could be based on one-time and recurring medical costs and the extent to which the crash diminished your quality of life. Permanent injuries and loss of major life functions may call for greater damages.
After a failure to yield accident, many injured people feel lost. The medical bills and lost earnings can be devastating to your family. You may be worried about how you will continue to support everyone now that you are hurt. It’s important to take action because substantial evidence could be lost in your case.