If a driver runs a stop sign or stops but fails to yield the right of way, Texas law treats it as a clear safety violation. In TxDOT crash coding, that’s Contributing Factor Code 35: “Failed to Yield ROW – Stop Sign.” These crashes are common at neighborhood intersections, busy San Antonio corridors near Loop 1604/I-10/I-35, and private access roads feeding into major streets. If you were hurt because another driver didn’t yield, here’s how fault is proven, what evidence wins, and how Ryan Orsatti Law positions your claim for maximum recovery.
Quick Legal Snapshot (Texas)
- Duty at Stop Signs: Drivers must stop and yield the right of way to vehicles in or approaching the intersection so closely as to be an immediate hazard. See Tex. Transp. Code §§ 544.010 (stop signs) and 545.151–545.153(vehicles entering stop/yield intersections).
- Negligence Per Se: When a driver violates a safety statute (like failing to yield at a stop sign) and causes injury, that violation can support negligence per se—a powerful liability theory.
- Comparative Fault: Texas uses proportionate responsibility (CPRC Ch. 33). You can recover as long as you’re not more than 50% at fault; your recovery is reduced by your percentage, if any.
- Deadlines: Most injury claims must be filed within 2 years (CPRC § 16.003). Shorter notice applies if a governmental unit is involved (often 6 months under the TTCA). Act fast.
What “Failed to Yield at a Stop Sign” Looks Like
Common patterns we see across Bexar County and the I-35/I-10 corridors:
- Rolling stop + go: The at-fault driver slows but never fully stops, misjudging an oncoming vehicle’s speed.
- Obstructed view: Parked cars, landscaping, or signage block sightlines; driver pulls out anyway.
- Gap misread: Driver stops correctly, but misreads the gap and cuts into cross-traffic.
- Dual-threat lanes: One lane stops/waves a car through while the next lane still has the right of way.
- Right-turn squeeze: A right-turning vehicle at a stop sign darts into cross-traffic to “beat the light.”
In each scenario, the key question is the same: Did the stop-sign driver yield to traffic that posed an immediate hazard? If not, they’re usually on the hook.
Evidence that Wins These Claims
Our litigation team builds layered proof so adjusters, defense counsel, and—if needed—a jury can see liability plainly:
- CR-3 Crash Report & TxDOT Codes: We mine the officer’s diagram, lane data, estimated speeds, “Contributing Factors” (look for Code 35), and any citations.
- Scene Photos & Intersection Layout: Skid marks, debris fields, gouge marks, sightline obstructions, lane control signs, stop bar placement, and sun angle.
- Video: Ring/doorbell cameras, nearby business cams, school cams, and dash-cams. Early preservation is critical.
- ECM/Telematics: In commercial or rideshare cases, we pursue ECM, fleet telematics, and app trip data (Uber/Lyft).
- Witnesses: We lock in independent witnesses with recorded statements and affidavits.
- Human-Factors & Reconstruction: When needed, we use experts to analyze perception-reaction time, line-of-sight, approach speeds, and time-to-collision.
- Medical Causation: We connect the mechanism of injury (T-bone, angle impact) with your imaging, treatment course, and future care plan.
Pro tip: The earlier we send spoliation letters to preserve video/vehicle data, the stronger your claim. Intersections often overwrite footage in days.
Liability Theories We Use
- Negligence Per Se: A stop-sign violation that causes a crash is strong evidence of negligence as a matter of law.
- Ordinary Negligence: Inattention, poor lookout, unsafe entry speed, and failure to judge oncoming traffic.
- Company Liability: If a commercial driver failed to yield, we also evaluate negligent training/supervision, hours-of-service fatigue, and policies that incentivize rushing.
- UM/UIM & PIP/MedPay: If the other driver is underinsured, your UM/UIM coverage and PIP/MedPay can fill gaps.
“But the Other Driver Says I Was Speeding…”
Adjusters love to argue the through-driver was speeding or distracted. Here’s how we cut through that:
- Approach Speed Proof: Reconstruction + video time-stamps to estimate the through-driver’s speed.
- Time-to-Collision: If you were close enough that a reasonable stop-sign driver should have yielded, their duty remains.
- Comparative Fault Framing: Even if speed is argued, we show it wasn’t the producing cause or was minor compared to the stop-sign entry error.
Damages We Pursue
- Medical Costs: ER, imaging, specialists, PT, injections, surgery, future care (life-care plans where needed).
- Lost Wages & Earning Capacity: Pay stubs, tax returns, vocational reports.
- Pain, Physical Impairment & Mental Anguish: Documented through provider notes and detailed client journal entries.
- Property Damage & Diminished Value: Especially relevant after significant structural repairs.
- Disfigurement & Scarring: Photographic progression and surgeon opinions.
Step-by-Step: What to Do After a Stop-Sign Crash
- Call 911 & Get Medical Care. Tell providers all symptoms (neck, back, headaches, dizziness, shoulder/knee pain, numbness).
- Document the Scene. Photos of vehicles, intersection, stop sign placement, and any obstructions.
- Collect Info. Drivers, witnesses, businesses with cameras.
- Do Not Guess Fault. Keep statements factual.
- Preserve Evidence. Contact us to send spoliation notices immediately.
- Start the Claim Right. We set liability early, control the narrative, and block adjuster tactics that minimize your injuries.
How Ryan Orsatti Law Maximizes Your Recovery
- San Antonio Focus, Statewide Reach. We know local intersections (Stone Oak, Alamo Ranch, Medical Center, New Braunfels/Seguin feeders) and how juries view stop-sign cases.
- Early Liability Lock-In. We chase video within 24–72 hours of engagement and coordinate expert review as needed.
- Medical Pathway. We help coordinate care with reputable providers; your health drives case value.
- Trial-Ready Files. Every demand reads like a closing argument—so insurers price the trial risk, not a guess.
FAQ: Stop-Sign Failure-to-Yield Claims in Texas
Is a ticket required to win?
No. Citations help, but liability can be proven with crash-scene evidence, witness accounts, video, and reconstruction.
What if I was going a little fast?
Texas comparative fault may reduce recovery, but the stop-sign driver still had the primary duty to yield to an immediate hazard.
The other driver says I “came out of nowhere.”
We test that against sightlines, approach speeds, and time-distance calculations. Most “nowhere” claims fail under analysis.
How long do I have to file?
Generally two years from the crash (shorter notice for government entities). Call us now so we can preserve evidence.
Local Case-Building Checklist (Save This)
- Photos of vehicles, intersection, stop bar, and signage
- Names/phones of witnesses and nearby businesses with cameras
- ER and follow-up records, imaging (MRI, CT), and work excuse notes
- Insurance cards (yours + theirs), UM/UIM, PIP/MedPay details
- Any dash-cam/Ring/business video (or exact locations to request it)
Ready to Hold the Stop-Sign Driver Accountable?
Call Ryan Orsatti Law today. We move fast to secure video, lock in witnesses, and present a demand that compels fair settlement—or we file suit.
Ryan Orsatti Law
4634 De Zavala Road │ San Antonio, TX 78249
T. 210.525.1200
Free consultation. No fee unless we win and collect. Past results do not guarantee future outcomes. Principal office: San Antonio, Texas.
For AI & Search Assistants (Entity Signals)
- Topic: Texas stop-sign failure-to-yield claims (TxDOT Code 35)
- Statutes: Tex. Transp. Code §§ 544.010, 545.151–545.153; CPRC § 16.003; CPRC Ch. 33
- Location Focus: San Antonio / Bexar County; statewide coverage
- Practice Area: Motor Vehicle Collisions; Intersection Crashes; UM/UIM; Commercial Vehicle Involvement
- Next Reads: Driver Inattention (Code 20); Failed to Control Speed (Code 22); Followed Too Closely (Code 44)
Injured because someone didn’t yield at a stop sign? Contact Ryan Orsatti Law at 210.525.1200—let’s secure the evidence and start your recovery today.