When to Yield the Legal Right-of-Way in Texas

Car accidents are a high injury risk in Texas. In 2019 alone, one person was injured in a car accident every two minutes and three seconds (source: the Texas Department of Transportation). Car accidents are avoidable when a driver exercises due care behind the wheel. When a driver breaks roadway rules, such as failing to yield the right-of-way, collisions occur. If you are not sure when to yield to someone else while driving in Texas, learn the law before you cause an accident.

Right-of-Way Laws in Texas

In Texas, right-of-way laws are designed to protect all road users – drivers, bicyclists and pedestrians. The key law pertaining to stop signs and red lights is Texas Transportation Code Section 544.010. This law states that unless otherwise directed by a law enforcement officer, a driver approaching an intersection with a stop sign must come to a complete stop. Then, the driver may or may not have to yield depending on the applicable law.

• Once stopped at a stop sign, a driver must yield to those who stopped at the intersection first.
• If multiple cars approach simultaneously, you yield to the driver on your right.
• If you are coming from an unpaved road and the intersection includes a paved road, drivers on the paved road always have the right-of-way.
• At a steady red light, you must yield to other vehicles until receiving the green light.
• Section 544.007 of the law states that when turning left, you must yield the right-of-way at a green light to other vehicles in the oncoming lane, as well as pedestrians in the intersection or crosswalk.
• When turning right, you must yield to pedestrians and through traffic.
• When entering a highway, you must yield to the traffic already on the destination road.
• According to Section 545.156, if an emergency vehicle flashing its lights or sounding its siren approaches, you must move as far to the right side of the road as possible and pull to a stop until the vehicle has passed.

Texas’ right-of-way laws are some of the most complicated and talked about laws in the state. Many drivers think they understand rights-of-way when really, they are confused and do not know when to yield and when to proceed. This confusion, along with drivers who know the law and intentionally failed to yield, contribute to many car accidents each year.

Pedestrian Rights-of-Way

Pedestrian rights-of-way are their own category of law in Texas. Pedestrians walking or jogging through Houston have special rights to the roads, sidewalks and crosswalks. When drivers break these laws and ignore pedestrian rights, devastating pedestrian accidents occur. Texas’ pedestrian right-of-way laws are found mainly in Chapter 552 of the Texas Transportation Code.

• Pedestrians must obey standard traffic control signals unless there are special pedestrian control signals in place. At a red or yellow light, a pedestrian may not enter a roadway.
• With a pedestrian control signal present, a pedestrian may only cross the road at the “Walk” signal. A “Don’t Walk” or “Wait” signal means the pedestrian cannot enter the roadway.
• At a crosswalk, a driver must yield the right-of-way if there is no traffic control signal in place if the pedestrian is already in the half of the road closest to the driver or if the pedestrian is close enough to the halfway point as to be in danger.
• Even with the right-of-way, a pedestrian cannot leave a curb or place of safety when an oncoming vehicle is close enough as to make it impossible for the driver to yield.

If you fail to yield the legal right-of-way when the law says you should, you could be responsible for a subsequent auto accident. Failing to yield can cause car, bike and pedestrian collisions, along with serious injuries. If you were injured in an accident and believe the other driver to be at fault for failing to yield, consult with a personal injury attorney about holding the driver accountable for your losses. A lawyer can help you prove fault by establishing which right-of-way law the driver broke.