What Is the Punishment for Failing to Yield in Texas?

Monday, May 20, 2019

States have the assumed right to mandate some of their own specific traffic laws. Most states agree on the most common ones, but penalties can also differ. Yielding is a common gray area in several states, and for most drivers. Yielding also refers to right of way and uses the basic principles of logic, courtesy, and safety.

These basic principles are difficult to follow during midday traffic and on congested highways. Instead, drivers rely on assertiveness to get where they need to be. Assertiveness risks a ticket or worse, an auto collision. Texas has failure to yield laws in place with the intent to reduce these risks.

What Are Texas Yield Laws?

As soon as a driver is allowed their license, common yield sites and rules are explained. For example, if you are at a green light turning left, you are required to yield to oncoming traffic going straight. This means permitting other traffic to go first. Texas Transportation Code 545.153 specifically applies to entering a stop or yield intersection.

  • Section 544.003 states that preferential right-of-way at an intersection is indicated by a stop sign or yield sign.
  • Section 544.010 defies that unless otherwise directed by a police officer or traffic controlled device, drivers will yield the right-of-way to a vehicle that has entered the intersection from another highway or that is closely approaching making it an immediate hazard to the operator’s movement in or across the intersection.
  • If a yield sign is present drivers must slow to a reasonable speed and yield to a vehicle that has entered the vehicle from another highway or that is approaching so closely as to become a hazard.
  • If a driver is required to yield and is involved in a collision with a vehicle in an intersection after the driver drove past a yield sign without stopping, the collision is considered evidence that the driver failed to yield the right-of-way.

If under any of these circumstances, a collision does not occur, a police office may still write the driver a ticket when failing to yield as required to do so. Penalties will also be charged when the driver’s failure to lead is the direct cause of a traffic collision.

What Are the Penalties for Failure to Yield?

For your safety and the safety of others, it is important to follow yielding laws and requirements. Your legal record is also cause for concern. If declared under trial that you are responsible for the offense, failure to yield in Texas is punishable by fines, points on your license, and could affect your insurance rate.

  • The offense is punishable by fines no less than $500 and up to $2,000, if the other driver received bodily injury.
  • The offense is punishable by fines no less than $1,000 and up to $4,000, if the other driver received a serious bodily injury.

Depending on the offense, you may also receive points on your license and your insurance company could choose to increase your rates. If you feel you are not responsible, or failure to lead was not broken, a lawyer can help you defend your case.

Why You Need Legal Help

Failure to lead can be a serious moving violation, but yielding by nature can be considered a complex area to define. An experienced accident attorney could help you support possible defenses such as, the police officer record of events was incorrect, the other driver’s record of events was incorrect, or you did in fact have the right of way. With serious fines and increased insurance rates applicable, having a lawyer to defend your case can decrease lifelong consequences. Contact a Dallas personal injury attorney today.

Posted by Aaron Herbert at 3:39 pm

How Do Brake Failures Happen?

Thursday, May 9, 2019

The braking system is one of the most crucial components of any vehicle. It’s important to carefully track your brakes, pay attention to changes in your car’s braking, and seek prompt service when you notice a problem. A brake failure is a terrifying experience, especially when the car is travelling at a high speed. Pay close attention to the sounds your brakes make and test them before setting out on the road to prevent brake failures.
Most brake failures occur due to fluid issues in the vehicle’s braking system or mechanical problems with the braking structure of the vehicle. Brake pads wear down over time and require replacement and attempting to brake with faulty or eroded pads can damage the vehicle’s brakes. A fluid leak will cause the pressure in the braking system to drop, which can cause a brake failure.
Some brake failures happen because of brake pads overheating, though this is rare, but it can happen if brakes are ridden down a very long hill. Once the brakes cool down, they will work as intended again. Water in the brake fluid system can also cause problems. Hot water will vaporize and the resulting steam causes the braking pressure to compress the steam instead of flowing through the braking system.

Testing Your Brakes

Two main methods exist for testing your vehicle’s brakes. First, do a static test while the car is immobile. Simply press the brake pedal with your foot to make sure you feel some resistance. If there is very little pressure, or the brake seems to immediately sink to the floor with little effort, then it probably isn’t safe to drive the vehicle. The second test is a rolling test: Start the vehicle, put it in gear, and as it starts to roll forward, immediately press the brakes to make sure they work.
Vehicle brakes work on a fluid-based system, so problems with the fluid can interfere with the pressure behind your brakes and cause a malfunction or failure. As fluid leaks out of the braking system, the brake pedal will feel weaker and less resistant when you press it down with your foot.

Handling a Brake Emergency

You have a few options to bring your vehicle to a safe stop if your brakes stop responding. First, you can try to build up brake fluid pressure by pumping the brakes. As long as some fluid remains in the braking system, pumping may be enough to pressurize it so the vehicle stops. You can also pump the hand lever for your vehicle’s emergency brake to stop the car. However, remember that doing so at high speeds can cause you to lose control of the vehicle.
The last-ditch option for stopping your vehicle after a total brake failure is a controlled car crash. This sounds dangerous because it is; it’s essential to control the crash and avoid hitting anything head-on. The goal of a controlled crash is to “drag” the car to a stop. You can accomplish this by guiding the vehicle slowly toward a curb, guard rail, or lane divider until the friction from dragging along the surface stops the vehicle. Keep in mind that attempting this at high speeds can cause severe damage and may cause the vehicle to spin out of control.
Prevent brake failures from happening in the first place. Pay attention to the sounds your vehicle makes, and if you start to notice a strange noise when you press the brakes, take your car to a trusted mechanic to have it checked.

Posted by Aaron Herbert at 12:53 pm