What Are the Texas Right-of-Way Laws?

LAW BLOG  •

September 10, 2018

Following traffic laws is essential to safe roadways for motorists and pedestrians alike. While many laws are well known, such as when to drive at traffic lights and stop signs, unmarked roads and intersections can cause some confusion – as well as potential accidents. As such, understanding Texas right-of-way laws is critical when driving.

Right-of-Way at Intersections

When people don’t follow the proper right-of-way at an intersection, the risk for collisions increases as multiple vehicles approach from different angles. To reduce the chances of vehicles entering each other’s pathways, Texas right-of-way laws state that:

  • If you are driving on an unpaved road and approach a paved road, the right-of-way goes to the traffic on the paved road.
  • If you are approaching a road from a driveway, private road, or alleyway, the right-of-way goes to the traffic on the main road.
  • At uncontrolled intersections, you must yield the right-of-way to traffic currently in the intersection. If you and another vehicle approach the intersection at the same time, yield the right-of-way to any vehicles on your right.
  • When making a right-hand turn, through traffic and pedestrians have the right-of-way.
  • When making a left-hand turn, pedestrians also have the right-of-way, as does opposing traffic.
  • Trains always have the right-of-way at railroad crossings.

Yielding the appropriate right-of-way at intersections allows everyone to reach their destinations safely.

Right-of-Way to Emergency Vehicles

If a police car, ambulance, or fire truck is using its bell, siren, or flashing red light, then they have the right-of-way. You should move out of their pathway as soon as possible by pulling over or into another lane. If an emergency vehicle approaches while you are in an intersection, continue through and pull over to the right when it’s safe. Never stop in the middle of an intersection, even for emergency vehicles.

Right-of-Way for Pedestrians

In addition to vehicles, pedestrians also have a right-of-way when crossing roads. Rules for pedestrians are as follows:

  • Pedestrians have the right-of-way at green lights when there is no “Walk” signal.
  • Pedestrians continue to have the right-of-way if they are crossing the street and the light changes to red.
  • If a pedestrian is violating the law while crossing the street, you must still give them the right-of-way for safety purposes.

As a motorist, you have a legal duty to remain aware of pedestrians while driving, while pedestrians are on, or alongside, the road.

Penalties for Right-of-Way Violations

While ignoring right-of-way may not seem like a big deal to some, it is still a violation of Texas law. If you fail to yield to a pedestrian or another vehicle, you may face a fine of anywhere between $50-$200. Fines can increase to $500-$2,000 if you injure another person, and even higher to $1,000-$4,000 if the injuries are serious. In addition, you will receive two demerit points to your driver’s license for failure to yield, and three if that violation results in injuries.

Ignoring proper right-of-way procedures can also have an adverse effect on your claim if you end up in a personal injury lawsuit due to a car accident. Ignoring your duty to follow proper roadway laws can make you partially liable for the accident. Even if you suffered injuries and the other party didn’t, you could receive reduced compensation in relation to your contribution to the accident. In some cases, you may not receive any compensation at all.

Following proper right-of-way laws doesn’t just protect you legally, but also helps you and others stay safe on Texas roads.

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