Fault When a Yield-Sign Driver Turns Into Green-Light Traffic

Attorney Answer

On the facts you describe, Texas law puts the yield-sign driver in the wrong — and if he drove past that yield sign without stopping before the collision, the statute treats the crash itself as evidence that he failed to yield.

Start with the sign. Tex. Transp. Code § 545.153(c) requires an operator approaching an intersection on a roadway controlled by a yield sign to slow to a speed that is reasonable under the existing conditions and to yield the right-of-way to a vehicle in the intersection or approaching on another highway so closely as to be an immediate hazard. Then § 545.153(d) adds the part that matters most to you: if an operator required by (c) to yield is involved in a collision with a vehicle in an intersection after driving past a yield sign without stopping, the collision is prima facie evidence that the operator failed to yield the right-of-way. That is a statutory presumption a page can state plainly — it shifts the practical burden onto him rather than onto you.

Tex. Transp. Code § 545.151(a) points the same direction. An operator approaching an intersection must stop, yield, and grant immediate use of the intersection in obedience to an official traffic-control device, including a stop sign or yield right-of-way sign, and after stopping may proceed only when the intersection can be safely entered without interference or collision with traffic using a different street or roadway. Separately, a driver turning left is generally expected to yield to oncoming traffic that is close enough to be an immediate hazard. Ask a Texas attorney to confirm how that left-turn rule applies to your intersection.

Now the honest qualification, because none of this is automatic. Texas apportions fault. Tex. Civ. Prac. & Rem. Code § 33.001 provides that a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. Tex. Civ. Prac. & Rem. Code § 33.012(a) requires the court to reduce a claimant's damages by a percentage equal to that claimant's own percentage of responsibility. And Tex. Civ. Prac. & Rem. Code § 33.013(a) makes each defendant liable only for its own percentage, except in the situations listed in (b). A green light does not immunize you: Tex. Transp. Code § 545.351(a) says an operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing, and § 545.351(b)(2) requires an operator to control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. Expect his insurer to look hard at your speed and your attention.

Two of your own coverages may pay regardless. Tex. Ins. Code § 1952.152 requires personal injury protection to be provided unless a named insured rejects it in writing, and § 1952.155(a) makes PIP benefits payable without regard to the fault or nonfault of the named insured and without regard to collateral sources. Tex. Ins. Code § 1952.101 requires uninsured or underinsured motorist coverage on the same absent-a-written-rejection basis, which matters if his limits turn out to be low.

What you can do

1. Ask the police agency that responded for a copy of the officer's crash report. Texas has no driver-filed crash report, so there is no form for you to submit.

2. Photograph the intersection from your approach and from his, showing the yield sign and the sight lines, and note the time of day you were there.

3. Look for cameras — businesses, homes, and traffic poles near the intersection — and ask for footage now rather than later.

4. Get evaluated by a doctor if you have not, and keep every bill and record together.

5. Report the crash to your own insurer and ask whether you have PIP and uninsured or underinsured motorist coverage.

6. Do not give a recorded statement to his insurer, and do not sign a release or accept a payment, before a Texas attorney has looked at it.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) requires suit for personal injury and for injury to property to be brought not later than two years after the day the cause of action accrues. When that day falls depends on your facts, and camera footage and witness memories disappear long before it. Have a Texas attorney review your dates now.