Who’s in the right? A guide to yielding in Texas

This article is not intended to provide, nor should it be accepted as, provide legal advice. Any opinions or interpretations included are those of the author in a layperson capacity. Any incident involving an item covered in this article should be discussed with a certified attorney.

The Burleson (TX) Police Department recently posted a video on their Facebook page that illustrates a pet peeve of many drivers even though the word “yield,” or some form of it, appears 26 times in Chapter 545 of the Texas Transportation Code, “Operation and Movement of Vehicles.”

What is “yielding” anyways? Oxford Languages defines “yield” as “give way…” while the Cambridge Dictionary goes further to state that to yield is “to agree to do something…” In the case of traffic, yielding essentially means giving way to other drivers or vehicles and allowing them to proceed ahead of you.

So, what are the rules?

Well, let’s go through the Transportation Code together to make sure that we’re all on the same page as far as yielding rules.

MULTI-LANE ROADWAY (Highways/Interstates)

The first place that the word “yield” appears in the Code is Section 545.061, DRIVING ON MULTIPLE-LINE ROADWAY. “On a roadway divided into three or more lanes and providing for one-way movement of traffic, an operator entering a lane of traffic from a lane to the right shall yield the right-of-way to a vehicle entering the same lane of traffic from a lane to the left.”

Yielding on a multi-lane highwayPhoto bySouthside Matt

In other words, if you’re in the right lane and moving to the left, make sure that nobody is trying to enter the same lane you want in from the left. If someone is coming from the left, then you need to yield to them and let them in first.

APPROACHING AN INTERSECTION

The first thing to seek out when approaching an intersection is signage indicating who might have the right-of-way. Signs and pavement markings are considered traffic control devices with the same authority as a traffic light.

Traffic SignsPhoto byDeposit Photos

STOP/YIELD SIGN, RED LIGHT (unless marked No Right or No Turn On Red)

After arriving at an intersection where a stop is required and where the stop has occurred, it is legal to proceed “when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.” Pulling into the intersection such that oncoming traffic has to slow down to avoid a collision is considered “interfering with traffic.”

Yielding at a sign or lightPhoto bySouthside Matt

While the image above depicts a vehicle turning right to join traffic on the larger road, the same premise holds if turning left from a one-way street to another one-way street where traffic is coming from the left. In other words, unless marked otherwise, a “Left On Red” is legal in Texas when turning from a one-way street onto another so long as the turning driver has yielded properly to oncoming cross traffic.

DIRT ROAD

When traveling on a dirt road that intersects with a paved road (asphalt or concrete), the driver would need to yield the right-of-way to traffic already on the paved road, regardless of what action is desired (turning, going straight) and regardless of from which side the other traffic is approaching.

Yielding from an unpaved roadPhoto bySouthside Matt

TURNING LEFT

Left-turning traffic also must yield to oncoming traffic that is approaching the intersection.

Turning leftPhoto bySouthside Matt

UNMARKED INTERSECTION (No signs or lights)

When coming to an unmarked intersection, several characteristics have to be taken into account to determine who has the right-of-way. Generally, a driver coming to an unmarked intersection must yield to traffic coming from the right.

Yielding at an unmarked intersectionPhoto bySouthside Matt

The primary exception to this rule is when a vehicle is coming to a T-Intersection, where the roadway terminates at the intersection. In this case, the traffic on the roadway that continues has the right-of-way, even if the traffic on the terminating roadway is coming from the right.

Yielding at a T-intersectionPhoto bySouthside Matt

EXIT RAMPS

Unlike some states, Texas has what are commonly referred to as “service roads.” These are roads that run along interstates or other controlled access highways. Traffic on these roads must yield to traffic that is exiting from the highway, regardless of whether a yield sign is posted.

Yielding to an Exit rampPhoto bySouthside Matt

EMERGENCY VEHICLES

When being approached by an emergency vehicle with lights and siren activated, or when approaching or at an intersection also being approached by an emergency vehicle with lights and siren activated, drivers must yield to the emergency vehicle, regardless of any traffic control devices such as traffic lights, stop or yield signs, or pavement markings.

When traveling on the same roadway as the emergency vehicle, the driver is required to pull to the right of the roadway and stop completely until the emergency vehicle has passed.

At an intersection, civilian vehicles, and even emergency vehicles not involved in or responding to a situation, must yield to the emergency vehicle that has lights and siren activated by stopping and remaining unmoving at the intersection and without entering the intersection.

Yielding to emergency vehiclesPhoto bySouthside Matt

“MOVE OVER” LAW

Most people do not realize that the so-called “Move Over” law is part of the Traffic Code that covers yielding (RIGHT-OF-WAY). It is located here because the action of moving over is yielding to the vehicles that are involved in some sort of service on or near the roadway.

The vehicles to which one should yield include emergency vehicles, tow trucks, construction vehicles, toll authority vehicles, or other service vehicles with lights activated; or vehicles used to pick up trash along the highway. When these vehicles are stopped on the side of the road, or even on the roadway itself, two courses of action can be taken, depending on the traffic conditions.

Where traffic conditions permit it, the driver should move over such that there is at least one clear lane between the vehicle and those to which it is yielding.

If traffic conditions do not permit the lane change, then the driver must slow down to at least 20 miles per hour less than the speed limit for that area, unless the speed limit is already 25 mph or less. If the speed limit is that slow, then the speed must be reduced to five miles per hour lower than the limit.

Move overPhoto bySouthside Matt

No matter the situation, an incident involving a vehicle that was required to yield is considered by State Law to be the fault of that driver. Further, incidents involving injury or death could result in criminal charges for a driver who had not yielded properly.

Using a slogan from SafetyCulture, Driving tip of the day – yield the right of way!