Austin Failure to Yield Accident Lawyer
Failure to yield is one of the leading causes of serious collisions in Austin. Drivers who ignore right-of-way rules create dangerous situations at intersections, highway merges, and crosswalks. Insurance companies may dispute fault to minimize payouts, which can make it harder for car accident victims to recover compensation.
Texas law determines when a driver is required to yield, but enforcing that law after a crash takes more than an insurance claim. Holding the negligent driver accountable requires evidence that proves what happened and a legal team that knows how to challenge unfair tactics.
Loewy Law Firm fights for car accident victims in failure-to-yield cases and secures financial recovery for those injured by drivers who refuse to follow traffic laws. Call (512) 280-0800 for a free consultation.
What Counts as a Failure-to-Yield Accident?
Failure to yield happens when a driver ignores right-of-way rules and causes a collision with another vehicle, pedestrian, or cyclist. Texas traffic laws define when a driver is required to stop or allow others to proceed, but not everyone follows those rules.
A driver is legally required to yield in several situations, including:
- Left turns at intersections—Vehicles turning left need to wait for oncoming traffic to clear.
- Highway merges—Drivers entering a highway have to allow space for vehicles already traveling in the lane.
- Roundabouts—Vehicles inside the roundabout have the right-of-way over those entering.
- Stop and yield signs—Drivers are expected to stop or slow as required before proceeding safely.
- Pedestrian crosswalks and school zones—Traffic is required to stop for people crossing where the law applies.
When a driver fails to yield, liability depends on more than just who had the right-of-way. Factors like speed, visibility, and the actions of both parties all come into play when determining fault. Our Austin car accident attorneys are skilled in compiling detailed evidence that proves what happened and holds the at-fault driver accountable.
Where Do Failure-to-Yield Accidents Happen in Austin?
Failure-to-yield crashes happen anywhere drivers misjudge gaps in traffic, ignore right-of-way rules, or fail to see pedestrians and cyclists. Intersections with heavy congestion, high speeds, or complex traffic patterns create the most risk. In Austin, several locations have a high number of these collisions:
- I-35 and Riverside Dr. – High volumes of merging traffic and frequent lane changes contribute to failure-to-yield crashes. Data from TxDOT confirms this area as a crash hotspot.
- North Lamar Blvd and Parmer Ln. – One of Austin’s most dangerous intersections, where heavy turn traffic leads to frequent failure-to-yield collisions.
- Loop 360 and Westlake Dr. – Limited visibility from curves and elevation changes makes it harder for drivers to judge when it is safe to proceed. TxDOT has flagged this area for safety improvements.
- Downtown Austin crosswalks – High pedestrian traffic and aggressive driving contribute to crashes, especially at unsignalized crossings in entertainment districts.
Traffic congestion continues to rise in Austin, which has resulted in more failure-to-yield crashes. Rush hour increases the risk as drivers take chances when merging or trying to beat traffic signals.
Who Is at Fault in a Failure-to-Yield Accident?
The driver who fails to yield when required by law is typically responsible for the crash. However, fault isn’t always as straightforward as it seems. Insurance companies look for reasons to shift blame, and the other driver may claim they had no way to avoid the collision.
Liability can be disputed when:
The other driver was speeding. If the approaching vehicle was moving faster than expected, the turning or merging driver may argue they couldn’t accurately judge the gap.
Traffic signals were unclear or malfunctioning. A broken or obstructed light can create confusion over who had the right-of-way.
Poor visibility limited reaction time. Heavy rain, glare from the sun, or a blind curve may have made it harder to see oncoming traffic.
Proving fault requires evidence that establishes what happened, not just who had the right-of-way. Key forms of evidence include:
- Traffic camera footage showing whether the driver stopped or proceeded illegally.
- Dash cam video that captures the moments leading up to impact.
- Police reports and traffic citations documenting any violations.
- Eyewitness testimony from those who saw the crash unfold.
When liability is disputed, insurance companies use these factors to reduce or deny claims. A strong case relies on evidence that leaves no doubt about what caused the crash.
Why Insurance Companies Dispute Failure-to-Yield Claims
Insurance companies look for ways to reduce payouts by arguing that the injured person was partially responsible for the crash. In failure-to-yield cases, they may claim the other driver had an opportunity to stop or that the right-of-way was unclear.
Common defenses include:
“You had time to stop and avoid the crash.” Insurers argue that the injured driver should have reacted differently, even when the other driver failed to yield.
“You were speeding, which contributed to the accident.” If the injured driver was traveling above the limit or accelerating, insurers may claim that speed, not the failure to yield, caused the crash.
“Our driver misunderstood the intersection, but that’s not negligence.” A driver’s confusion about a stop sign, yield sign, or traffic signal does not excuse a failure to yield, but insurers may use it to downplay responsibility.
Insurance companies shift blame to reduce their financial responsibility and limit payouts. Our lawyers challenges these claims by gathering evidence that proves liability and holding insurers accountable for a fair settlement.
What If the Driver Who Failed to Yield Was a Rideshare, Delivery, or Commercial Vehicle?
Accidents involving commercial drivers introduce legal complications that don’t exist in typical failure-to-yield cases. Rideshare, delivery, and trucking companies share liability for crashes caused by their drivers when unsafe company policies contribute to reckless driving.
Several factors determine whether the company, the driver, or both are responsible:
- Higher insurance coverage – Commercial policies cover more than standard auto insurance, which can increase available compensation.
- Company liability – Employers may be responsible if the driver was on duty or pressured to meet unrealistic deadlines.
- Corporate records as evidence – GPS tracking, driver logs, and internal safety reports can reveal whether company policies encouraged unsafe driving.
Proving corporate liability requires examining internal policies, safety records, and whether the company allowed unsafe driving practices.
Pedestrian and Cyclist Accidents Caused by Drivers Failing to Yield
Austin has one of the highest pedestrian fatality rates in Texas, and failure to yield is a major factor. Right-of-way laws require drivers to stop for pedestrians in crosswalks, but crashes happen when drivers are inattentive, rushing through turns, or assuming they have the right to proceed.
Scenarios that frequently lead to failure-to-yield crashes:
- Right turns at red lights – Drivers check for cars but fail to look for pedestrians in the crosswalk.
- Left turns at intersections – A driver turns across traffic without seeing someone crossing with the signal.
- Mid-block crosswalks – A pedestrian enters a marked crosswalk, but the driver doesn’t stop.
Proving fault requires more than citing right-of-way laws. Dash cam footage, intersection cameras, and witness testimony can determine whether the driver’s actions violated traffic laws or created an avoidable hazard.
Texas Laws That Affect Failure-to-Yield Accident Claims
Texas law defines when a driver is required to yield and establishes penalties for violations. Even though a citation can serve as evidence in an injury claim, it does not automatically determine liability. Insurance companies may still argue that other factors contributed to the crash, which is why additional proof is sometimes necessary.
Key Texas statutes related to failure-to-yield accidents include:
- Texas Transportation Code §545.153 – Requires drivers to slow or stop when approaching a yield sign if another vehicle has the right-of-way.
- Texas Transportation Code §545.101 – Establishes right-of-way rules for left turns, including when a driver is required to yield to oncoming traffic.
The Texas Driver Handbook outlines these rules in more detail, and the Texas Department of Transportation (TxDOT) tracks crash data related to right-of-way violations.
What to Do After a Failure-to-Yield Accident
What happens immediately after a failure-to-yield crash can affect how fault is determined. A driver who violated right-of-way laws may still deny responsibility, and without clear evidence, insurance companies have room to dispute the claim. Taking the right steps at the scene and in the hours that follow can make the difference between a strong case and a lost claim.
Key steps to take:
- Call the police and request a crash report. Officers document right-of-way violations and may issue a citation, which can serve as evidence.
- Seek medical attention immediately. Even injuries that seem minor can worsen, and medical records create documentation of the harm caused by the crash.
- Take photos of the intersection, traffic signals, and vehicle positions. Visual evidence can clarify how the accident happened and whether the at-fault driver failed to yield.
- Get contact information from witnesses. Independent statements can help establish what occurred and counter any false claims by the other driver.
- Avoid speaking to the other driver’s insurance company before consulting a lawyer. Insurers may try to shift blame or use statements against you to reduce their payout.
Get Help from an Austin Failure-to-Yield Accident Lawyer
Failure-to-yield accidents leave victims with medical expenses, lost income, and lasting injuries. Loewy Law Firm builds cases that prove what happened and fights for full financial recovery. If a settlement offer does not account for the harm caused, we are ready to take the case to trial.
There are no upfront costs, and no legal fees unless we win. Contact us today at (512) 280-0800 or by email for a free case review.