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Were You Injured by Someone Who Failed to Yield the Right of Way?

Posted on Saturday, April 27th, 2019 at 9:17 pm    

Right of way accidents are some of the most common car accidents in McAllen and elsewhere in Texas. If you were injured by someone who failed to yield the right of way, then you may have grounds for claiming compensation from them by filing a personal injury claim. It is important for every driver to know the rules that govern the right of way, as a failure to know and apply the rules can easily lead to an untimely crash and injuries to those involved. Ignorance of the traffic rules is no excuse for a failure to yield the right of way.

Some right of way rules are specific to Texas, so if you are from another state, it is important to familiarize yourself with Texas right of way rules to avoid causing an accident in this state. An understanding of the rules that apply in Texas is also important if you have been involved in a crash and want to know whether you, or another driver, were at fault.

Identifying who was at fault after a right of way crash

The following are examples of situations in which a right of way was violated.

The following have priority in all, or certain circumstances:

  • Emergency vehicles, such as police cars, fire engines and ambulances have priority if their siren and flashing lights are activated. When such a vehicle is noticed, you are expected to pull over as quickly as is safe to do so to allow the emergency vehicle to pass you. If you are crossing an intersection, you should cross over first before pulling over safely to one side.
  • Pedestrians have priority at certain places: while on sidewalks, on crosswalks, in parking lots and near places where there is an expectation of heavy pedestrian usage. Pedestrians also have priority when a vehicle is making a right turn and the pedestrian is already crossing the road. A similar rule applies to pedestrians already crossing a road when a vehicle is making a left turn across traffic.
  • School buses have priority and should not be passed if the bus has its lights flashing and / or shows a stop sign.
  • Trains have priority at any rail crossing, whether it is indicated by signs and flashing lights or a barrier, or not. Basically, a failure to yield the right of way at an uncontrolled rail crossing would prevent you from claiming damages if you were hit by a train.

Note that these rules are standard in most states and should be well recognized by anyone who has obtained a driving license. Failure to yield the right of way may not just involve a personal injury claim but could also involve a citation and a fine. For example, if your child was crossing the road just after exiting a school bus which had its lights flashing while stopped, then the child has priority over traffic, whether the child was on a designated crosswalk or not. If the child was hit and injured by a driver who failed to stop for the bus then this would be grounds for making a claim based on negligence. The driver would also probably face being fined for breaking a traffic rule.

Texas right of way rules

These rules are specific to Texas, although may also be similar to rules in other states.

You may have grounds for a personal injury claim if you were hit by a driver:

  • who exited from an unpaved road onto a paved road where you were driving.
  • who exited from a private road or driveway on to a public road on which you were driving.
  • who arrived at an uncontrolled intersection later than you did, even if the difference in time was slight. Priority at these uncontrolled intersections is given to the vehicle on the immediate right if two vehicles arrive at the intersection at the same time.

If you have been injured in any kind of right of car accident and are considering claiming compensation with the help of an experienced car accident attorney, you can rely on the Patino Law Firm in McAllen for expert legal help. You can call the Patino Law Firm to arrange an appointment at 956-631-3535.