Failure to Yield Accidents

Dallas/Fort Worth Car Accident Attorney

In many traffic situations one driver is legally required to yield the right of way to another. However, often a driver fails to yield and causes an accident. In these cases, the innocent victim has a right to recover for the property damage and medical bills caused by the negligent driver’s actions.

At the Law Offices of William K. Berenson, we have represented countless victims of failure to yield and other personal injury accident cases. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, Bill Berenson knows what it takes to turn his client’s cases into large awards and settlements. As a leading Fort Worth accident lawyer with close to 40 years of experience, he will do everything he can to help you recover the damages you deserve in your case.

Failure to Yield Accidents in the Dallas/Fort Worth Area

A failure to yield accident occurs when one driver does not allow for the driver with the right of way to have the road or to act first. Anyone who drives encounters dozens of situations each day that require tone driver to yield to others. Traffic laws can be confusing at times regarding who has the right of way in a given situation. However, drivers are expected to know and abide by the rules. Below are common situations that require one driver to yield to another:

  • Making a left turn onto a busy road
  • Remaining at a stop sign long enough for other drivers to clear the intersection
  • Approaching a four-way stop sign simultaneously with another driver
  • Driving through an intersection with a broken traffic signal
  • Merging from an on-ramp onto the highway
  • Pulling over to the side of a road for an emergency vehicle
  • Merging lanes of traffic in a construction zone
  • Passing vehicles on the highway and on two-lane rural roads
  • Entering into a traffic circle
  • Sharing the road with bicyclists
  • Pulling out from a parking lot or private driveway
  • Giving a pedestrian enough time to cross the street
Failure to Yield to Bikers and Pedestrians

Texas law regulates right of way of pedestrians and bikers as well as vehicles. Vehicles have the right of way on most roads, but must yield to pedestrians in crosswalks or those who are crossing with the light at intersections. In addition, bicyclists have the right of way in the hundreds of miles of bike lanes throughout the North Texas area. Even if a driver technically has the right of way, the last clear chance rule could shift liability to a driver who could have avoided hitting a pedestrian or bicyclist. This rule is particularly important when drivers hit pedestrians walking in entertainment districts, such as downtown Dallas, Deep Ellum, the Design District, Lincoln Square, Sundance Square, and downtown Fort Worth.

Proving a Failure to Yield Claim

When one driver fails to yield to another driver with the right of way, serious accidents can result. In these cases, the driver who had the right of way is entitled to damages from the driver who negligently failed to yield. Generally speaking, the most important question in a failure to yield accident is who had the right to occupy the space at the moment of impact. To prove the other driver’s fault, our accident attorney analyzes such crucial evidence as eyewitness statements, police officer testimony, photographs, videos and accident reconstruction.

Have You Been Involved in a Failure to Yield Accident in the Dallas Fort Worth Area?

If you or a loved one has recently been involved in a failure to yield accident in the Metroplex, you should speak with a Fort Worth accident attorney immediately. In some situations a driver can still recover from a failure to yield accident even if the responding police officer did not issue the other driver a citation. The crucial question in these cases of who had the right of way is a question that can be often resolved without a lawsuit having to be filed.

At the Law Offices of William K. Berenson, we have nearly 40 years of experience handling personal injury lawsuits, including failure to yield claims and all other kinds of car accident cases. Mr. Berenson is an experienced DallasFort Worth Personal injury attorney who has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization for the majority of his career. Contact us online, or call us at 817-855-8000 or toll-free at 1-888-801-8585 to set up a free initial consultation with a car accident lawyer.

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