Stop-sign or failure-to-yield crash: who is at fault in Texas?

Stopping is only half of what the law requires

The most common thing we hear from a driver who pulled out from a stop sign is "I stopped." That may be true, and it may not matter. Texas law gives a driver at a stop sign two separate duties.

First, stop in the right place. Under Transportation Code § 544.010, the driver stops at a marked stop line; if there is none, before the crosswalk; and if there is neither, at the point nearest the cross street where the driver can see approaching traffic. The Texas Driver Handbook adds that slowing down is not enough.

Second, yield. Under § 545.153(b), after stopping, the driver has to yield to any vehicle that has already entered the intersection from the other road or that is approaching so closely as to be an immediate hazard. A full stop followed by pulling into the path of a car on the through street is still a failure to yield. The T-bone page covers how intersection evidence is gathered; this page is about the rules that decide who had to yield.

What if a parked truck, bushes or a building blocked my view?

The law anticipates that. Because § 544.010 places the stop where the driver can see approaching traffic, a blocked view means the driver has to stop, then move forward carefully until the cross street is visible before entering. A blocked view does not transfer the right-of-way to the driver at the stop sign.

A blocked view can still matter. A driver on the through street must keep a reasonable speed and slow when approaching and crossing an intersection (§ 545.351). If that driver was speeding toward an intersection with limited visibility, fault can be shared.

Who goes first at a four-way stop?

The Texas Driver Handbook gives the rule for all-way stops: drivers proceed in the order they arrived, and if two arrive at the same time, the driver on the left yields to the driver on the right. Every driver at an all-way stop still has to come to a full stop, and after stopping each one still has the § 545.153 duty not to pull into a vehicle that is already in the intersection. Many four-way-stop crashes come down to who really stopped first, which is why witnesses and video matter.

What if there are no signs or signals at all?

Texas covers uncontrolled intersections in § 545.151, and the rules are more specific than most people realize:

• Two roads, no control: yield to a vehicle that has entered from your right or is approaching from your right close enough to be a hazard (§ 545.151(d)).
• A road that ends at another road (a T): the driver on the road that ends has to stop and yield to traffic on the through road (§ 545.151(e)).
• A small road meeting a divided highway or a road with three or more marked lanes: the driver on the smaller road stops and yields (§ 545.151(b)).
• Dirt or gravel road meeting a paved road: the unpaved-road driver stops and yields (§ 545.151(c)).

A driver who had to yield under § 545.151 and then collides with or interferes with the other traffic is presumed not to have yielded (§ 545.151(f)).

Yield signs, flashing red lights and dark signals

At a yield sign, a driver must slow to a reasonable speed and yield to vehicles in the intersection or close enough to be an immediate hazard. A driver who passes a yield sign without stopping and then hits a vehicle in the intersection has, by law, prima facie failed to yield (§ 545.153(d)).

A flashing red light means the same thing as a stop sign (§ 544.008). So does a traffic signal that is completely dark, for example after a storm or power outage (§ 544.007(i)). A driver who rolls through a dead signal on the main road is not protected by the fact that the light used to be green in that direction.

Pulling out of a driveway or parking lot

Driveways count. A driver entering or crossing a road from an alley, building, private road or driveway has to yield to approaching vehicles (§ 545.155). In a business or residential district, the driver must also stop before crossing the sidewalk and yield to pedestrians (§ 545.256). Crashes at the exits of shopping centers and gas stations usually turn on these two sections.

What if the stop sign was missing, knocked down or hidden?

Downed and missing signs happen, and they can change the case in two ways. Between the drivers, the uncontrolled-intersection rules in § 545.151 may apply instead. And the government that maintains the sign may be responsible, but only within narrow limits. Under the Texas Tort Claims Act, a city, county or the state can be liable for a missing, damaged or malfunctioning sign only if it failed to fix the problem within a reasonable time after notice, and if someone else knocked the sign down, after actual notice (Civ. Prac. & Rem. Code § 101.060). Claims against a government also come with short notice deadlines: six months under the Tort Claims Act (§ 101.101), and only 90 days of sworn written notice for the City of Houston. Photograph the sign, or the empty post, the same day.

A failure-to-yield ticket, and what it means for your claim

When a failure-to-yield violation causes a crash that injures someone else, Texas raises the fine: $500 to $2,000 for bodily injury and $1,000 to $4,000 for serious bodily injury (§ 542.4045). A ticket is useful evidence, but the injury claim does not depend on it, and the lack of a ticket does not mean the other driver had the right-of-way. If the report blames you, see the police report says I was at fault; if part of the fault is yours, you can still recover if you are 50% or less responsible under chapter 33 of the Civil Practice and Remedies Code, as explained in what if the accident was partly my fault.

Once you hire us, we deal with the insurance companies, request the report and any video, go back to the intersection to document sight lines and signs, and find the witnesses. You talk with Jimmy directly by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

I stopped at the stop sign. How can I be at fault?

Stopping is only the first duty. After stopping, Transportation Code § 545.153 requires you to yield to vehicles in the intersection or close enough to be an immediate hazard. Pulling out in front of one is still a failure to yield.

Who has the right of way at a four-way stop in Texas?

The Texas Driver Handbook says drivers go in the order they arrived, and if two arrive at the same time, the driver on the right goes first. Everyone must come to a full stop.

Who has the right of way at an intersection with no signs?

The vehicle on the right, under § 545.151(d). A driver on a road that ends at a T, on a dirt road meeting a paved one, or on a small road meeting a divided highway must stop and yield.

A truck parked at the corner blocked my view. Is that my fault?

The law requires stopping where you can see approaching traffic (§ 544.010), so a blocked view means stopping and then edging forward. A speeding driver on the through street can still share the fault.

What if the traffic light was out?

A completely dark signal is treated as a stop sign for every direction (§ 544.007(i)). A flashing red is also a stop sign (§ 544.008).

The stop sign was knocked down. Can I sue the city?

Only in limited cases: the Tort Claims Act allows claims for a missing or damaged sign if the government did not fix it within a reasonable time after notice (§ 101.060). Notice deadlines are short, including 90 days for the City of Houston, so call quickly.

Do I have to yield when pulling out of a parking lot?

Yes. A driver entering a road from a driveway, private road or building must yield to approaching traffic (§ 545.155), and must stop before the sidewalk in business and residential areas (§ 545.256).

Authority: Tex. Transp. Code § 545.153 (stop and yield signs) · Tex. Transp. Code § 544.010 (stop signs and yield signs) · Tex. Transp. Code § 545.151 (vehicle approaching or entering intersection) · Tex. Transp. Code § 545.155 (entering roadway from private road or driveway) · Tex. Transp. Code § 542.4045 (failure to yield causing collision) · Tex. Civ. Prac. & Rem. Code § 101.060 (traffic and road control devices) · Texas DPS — Texas Driver Handbook (DL-7)