If you or a loved one has been injured in an accident from a negligent driver who failed to yield to traffic, you are entitled to recover all damages, including punitive damages.
In Texas, failure to yield means an automobile driver operator failed to follow Texas traffic laws regarding the right of way, subject to all penalties and consequences. These failure to yield violations include punishment where possibly two points are added to the negligent driver’s license and a fine up to $200.00. Further, if there was an accident with injury, the penalty could possibly go up to three points added to the negligent driver’s license with a fine not exceeding $2,000.00. Typically, the more serious the injury, the higher the fines will go, including as much as $4,000.00. This penalty for failure to yield by a Texas driver follows him/her even when the violation is committed out of state. Most failure to yield accidents are usually caused by the negligent driver being distracted, failing to control their speed, or driving recklessly. These accidents can be extremely dangerous and may be easily avoidable.
Texas right of way laws state that a prudent driver must always yield to another auto driver as follows:
• Drivers must yield to all emergency first responders, including fire trucks, ambulances, and police vehicles
• When a reasonable driver is on a private road, driveway, or other smaller road and attempting to turn onto the main road, a reasonable driver must yield the right of way to oncoming traffic from the main road
• When attempting to make a right turn, a reasonable driver must always yield to traffic and any pedestrian walking on the street
• When making a left turn at an intersection, a reasonable driver must yield the right of way to any oncoming traffic moving in the opposite direction as well as any pedestrian
• At an intersection on unpaved road, a reasonable driver must yield the right of way to auto drivers on paved road
• At an intersection with no controlled traffic lights, a reasonable driver must yield the right of way to traffic already existing at the intersection as well as any traffic to the driver’s right side
• All reasonable drivers must yield at railroad crossings to all trains
Additionally, even if one driver was found negligent for failure to yield, the other driver may still hold partial fault if he/she was distracted, speeding, or as a result of some other negligent activity. Texas follows the modified comparative fault standard where if one driver was found at fault for less than 51% of the accident, then he or she may still recover their damages. However, any recovery would be reduced by his or her percentage of fault. For example, if a driver was found 30 percent at fault for an accident with an award of damages of $10,000.00, then his/her recovery is limited to $7,000.00. In all Texas cases, one injured in an accident may recover all damages from any and all parties who are contributorily negligent, including employers, trucking companies, negligent drivers, etc.
Those injured from a trucking accident will have tremendous amounts of economic damages including medical bills, lost wages, property damage, rehabilitation, disability, loss of enjoyment of life, emotional and mental distress, physical pain and suffering, and more. In order to protect your or a significant other’s interest and recover all damages caused by a negligent, careless, reckless truck driver on the road, the claim must be filed immediately. In Texas, there is a two year statute of limitations to file a personal injury claim. If you do not file before this deadline, you will not be able to recover all damages you deserve. Even if you lost a family member in a trucking accident, you are also entitled to recover damages for the loss. Do not delay! Insurance companies use any excuse to not pay you full compensation or even try and you contributorily at fault. Do not allow any insurance company to take advantage of you or a loved one. A competent attorney will be able to work aggressively to hold the delivery trucking company and driver accountable for all damages caused due to their negligence, and take those accountable to court if needed.
About the Author:
Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997. Mala has been appointed leadership roles for the American Bar Association GP Solo and GP Solo YLD division, is Board member of the Houston Trial Lawyers Association, Past President of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association. Mala Sharma has been selected to the 2019 Texas Rising Stars by Super Lawyers. Mala has also been selected as 10 Best Attorneys by the American Institute of Personal Injury Attorney for 2018-2019, Top 40 under 40 by the National Trial Lawyers for 2018-2019, and Texas Top 10 Personal Injury Attorney by Attorney and Practice Magazine for 2019.
This material is available for informational purposes only and not for the purpose of providing legal advice. If you require advice on any particular legal question, you may contact Sharma & Associates at 281-893-8644 or by email at firstname.lastname@example.org to schedule a free consultation to discuss your case.