When someone pulls out in front of you and a collision occurs, the immediate aftermath can feel chaotic. You might find yourself wondering how you could have avoided the crash—or worse, whether you will be held responsible for someone else’s dangerous maneuver.
Texas follows an at-fault insurance system, meaning the driver responsible for causing the accident is liable for resulting damages. While it might seem obvious that a driver who fails to yield should bear full responsibility, the reality is often more nuanced. Here is what you need to know. Reach out to our auto accident lawyers in McAllen for assistance if you’ve been in a car accident.
How Fault Is Determined in Failure-to-Yield Accidents
Under Texas traffic laws, drivers entering a roadway from a side street, driveway, or parking lot must yield the right of way to oncoming traffic already traveling on that road. Similarly, drivers making left turns must yield to oncoming vehicles traveling straight through an intersection. When a driver violates these right-of-way rules and pulls out in front of you, they typically bear responsibility for any resulting collision.
Courts and insurance companies will examine several factors to determine liability in these cases, such as:
- Each driver’s speed at the time of the collision
- Whether the other driver violated traffic signals, stop signs, or yield signs when pulling out
- Witness statements that clarify the sequence of events and the actions of both drivers
- Road conditions, including weather, visibility issues, lighting, and any obstructions that affected either driver’s ability to see or react
- Driver behavior, including whether either party was distracted, impaired, or otherwise negligent, leading up to the crash
Situations Where You Might Share Fault with the Other Driver
Texas follows a modified comparative fault system. This means you can recover damages as long as you are not more than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault. If you are found 51% or more at fault, you can’t recover anything.
You may be found partially at fault if:
- You were speeding, making it difficult for the other driver to accurately judge the gap in traffic.
- You were driving distracted: texting, adjusting your radio, or otherwise not paying full attention to the road.
- Your headlights were off during low-visibility conditions, making it harder for the other driver to see you approaching.
Gathering Evidence to Build Your Liability Case
Strong evidence is essential to proving your version of events. If you are physically able, you can capture the most important details at the scene of the accident. Photograph the collision from multiple angles, capturing vehicle damage, skid marks, traffic signs, and road conditions. Get contact information from witnesses who saw the collision occur.
You can also collect evidence in the days and weeks following the accident. Surveillance or dashcam footage can show exactly how the crash unfolded. Medical records linking your injuries to the crash and repair estimates demonstrating vehicle damage also strengthen your case. The more documentation you gather, the harder it becomes for insurance companies to dispute your claim.
Contact a Texas Car Accident Lawyer to Protect Your Rights
Being involved in an accident where someone pulled out in front of you is frustrating, especially if you are being blamed for the other driver’s mistakes. A McAllen personal injury lawyer will protect your rights, prove your side of the story, and advocate for the compensation that you deserve. Don’t handle your claim alone, schedule a free legal consultation and begin building your case today.
