Texas Law States: Right-of-Way Rules in Intersection Accidents
Texas Transportation Code § 545.151 requires drivers to stop, yield, and grant immediate use of an intersection to traffic that has the right-of-way, whether that’s controlled by a stop sign, a malfunctioning signal, or simply the other vehicle arriving first. The statute goes further than most: a driver who fails to yield and is then involved in a collision is presumed not to have yielded the right-of-way. Tennessee’s TCA § 55-8-128 works similarly, requiring a driver approaching an intersection to yield to a vehicle that has already entered it.
Left-turn crashes work a little differently
A driver turning left generally must yield to oncoming traffic before completing the turn. If a left-turning driver is struck while crossing the opposing lane, they’re usually presumed at fault unless the oncoming driver was speeding or ran a red light.
What starts the clock on your claim
The same filing deadlines apply as with any car accident: two years in Texas under CPRC § 16.003, one year in Tennessee under TCA § 28-3-104, both running from the date of the crash.
TL;DR
In most intersection accidents, the driver who failed to yield the right-of-way is presumed at fault, and both Texas and Tennessee have statutes that spell out exactly who has to yield to whom. That presumption can still be challenged, especially in left-turn crashes or when traffic signals malfunction. Texas no longer uses red light cameras statewide, so witness accounts and physical evidence carry more weight than they might elsewhere.
Intersection accidents usually come down to one question: who had the right-of-way. Both Texas and Tennessee have statutes spelling out exactly who must yield in different intersection scenarios, and the driver who violated that duty is generally presumed at fault. This post covers how that presumption works, including for left-turn crashes, and what to do to protect your claim when there’s no camera footage to rely on. For a broader look at fault and liability across all crash types, see our motor vehicle accidents guide.
Proving Fault in an Intersection Accident Claim
Since 2019, Texas has banned red light cameras statewide, so unlike some other states, footage from an intersection camera usually isn’t available to settle a dispute over who ran the light. That makes witness statements, nearby business or doorbell camera footage, and the physical damage pattern on both vehicles more important than they’d otherwise be. A T-bone impact pattern, for instance, often confirms which vehicle entered the intersection against the right-of-way. Both Texas and Tennessee apply a 50% modified comparative fault rule, so if you also contributed to the crash, your recovery can be reduced or barred.
Insurance company tactics to expect
Insurers sometimes argue that the light had already changed or that a driver “had time” to clear the intersection safely. Independent witness accounts are usually what settles this dispute, which is why identifying them at the scene matters.
What to Do After an Intersection Accident
Because there’s often no camera footage to fall back on, a few extra steps help protect an intersection accident claim:
- Identify anyone who witnessed the crash, including other stopped drivers and nearby pedestrians
- Ask nearby businesses or homes whether their security cameras may have captured the crash
- Photograph the damage pattern on both vehicles and the final resting positions
- Request the full police report, including the officer’s determination of right-of-way
- Contact an attorney before giving a recorded statement to any insurance adjuster
A recent Houston crashes report showed how a single dangerous intersection can produce multiple collisions in just one week, and confirms why red light cameras are no longer part of the picture for most Texas drivers gathering evidence after a crash.
What This Means for Your Intersection Accident Claim
An intersection accident claim usually starts with a presumption against the driver who failed to yield the right-of-way, but that presumption still depends on solid evidence, especially without red light camera footage to rely on. The same two-year and one-year deadlines apply as with any other crash, and the modified comparative fault rule in both states means your own conduct still matters. Acting quickly to identify witnesses and camera footage is often what turns a presumption into a resolved claim.
This content is for informational purposes only and does not constitute legal advice. Contact Culpepper Law Group for guidance specific to your situation.
Take This Step: Get Help From a Houston or Memphis Intersection Accident Lawyer
Sorting out who had the right-of-way shouldn’t fall entirely on you while you’re also recovering from your injuries. Culpepper Law Group offers a free consultation to review your case, whether the crash happened in the Houston area or in Memphis. Our Stafford, Texas office serves the greater Houston area, and our Memphis, Tennessee office handles claims across that region. As a personal injury lawyer team working on contingency, you pay nothing unless we win. Reach out today so we can start building your case.
Frequently Asked Questions
1. If there’s no camera footage, how do I prove who ran the light?
Witness statements, nearby security or doorbell footage, and the damage pattern on both vehicles are usually what establish fault without a traffic camera.
2. Does it cost anything to hire a lawyer for an intersection accident claim?
No. Culpepper Law Group works on contingency, so there’s no upfront fee and no cost unless you recover compensation.
3. I was turning left when I got hit — am I automatically at fault?
Not automatically, but you’re often presumed at fault unless the oncoming driver was speeding or ran a red light.
4. What if the traffic signal was malfunctioning at the time of the crash?
A malfunctioning signal generally puts drivers under stop-sign rules, meaning whoever failed to yield to traffic already in the intersection is still usually at fault.
5. Can I recover compensation if the police report doesn’t clearly state who was at fault?
Yes — a police report is one piece of evidence, not the final word, and other evidence can still establish fault in your civil claim.
Key Takeaways
- An intersection accident claim usually starts with a presumption against the driver who failed to yield the right-of-way.
- Texas Transportation Code § 545.151 and Tennessee’s TCA § 55-8-128 both spell out who must yield in different intersection scenarios.
- Texas banned red light cameras statewide in 2019, so witness accounts and physical evidence matter more than camera footage in most cases.
- Left-turn crashes typically presume the turning driver at fault unless the oncoming driver was speeding or ran a red light.
- Both states apply a 50% modified comparative fault rule, so your own conduct at the intersection still matters.
