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Old 06-08-2012, 05:42 PM
 
Location: Texas
391 posts, read 588,250 times
Reputation: 498

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Can someone educate me?

What are the rules regarding merging on the exchange road from
an interstate... say merging onto the exchange from I-35.

Often there is a yield sign those those approaching a merge on
the exchange road... does that yield apply to both lanes of the
exchange or only the left most lane closest to the merge ramp?

I always slow down at those yields but today had an experience
that leaves me wondering about my understanding.
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Old 06-08-2012, 06:09 PM
 
Location: San Antonio, TX USA
5,161 posts, read 9,725,268 times
Reputation: 7949
Its my understanding that both lanes have to yield, but the real question why isnt their a yeild sign by every off ramp? If there is no sign do you still have to yield? and if I am on the access road, why do I need to yeild when I am all ready on the road, and have the right of way?(yes I know the people on the highway are going faster, and if they slow down, it could cause havoc on the highway, but it goes against everything I have ever learned about driving)
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Old 06-08-2012, 06:47 PM
 
1,011 posts, read 1,216,162 times
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The simplest way to understand the "yield" issue is, in most all cases, Slower yields to faster.

If it is on the same road, the guy in the slower lane to the right yields to the guy from the faster lane on the left as he is going to slower right lanes. The guy in the slower right lanes, if he is going to the faster left lanes, yields to the faster lanes as he is trying to go left to get into faster lanes.

For a change of roadway, it can get complicated, but (all lanes in most cases) of the slower road yield to the faster road. That is why the feeder/access roads yield to (and most often have signs) the exiting traffic of the main road.

Having said all of that, the "catch" is, in Texas, no one HAS the "right of way" (I know this is often contrary to what we were taught and the language we use but it is true) This is because...you cant assert it. If you "HAVE the right of way, it doesnt mean anything if someone doesnt YIELD that right to you, as two objects can not occupy the same space...although from time to time they try, we call this a crash.

In Texas you can be cited for "failure to yield the right of way" but the other side of that is you can also be cited for a number of things even if you had the "right of way" (this falls into the legal realm of mitigating a loss) even if you had the right to do something, and it was obvious you couldnt, and you do, you can be held liable for that action.

Trying to explain all of this to people after the fact can be less than fun. People often cant get past the fact "they had the right of way..." and cant understand how anything else matters.

Just an FYI.
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Old 06-08-2012, 06:48 PM
 
1,011 posts, read 1,216,162 times
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Just to toss out one more point, in case someone also knows all about this, according to the SCOTUS, a train does indeed "HAVE" the right of way but like on the water way, that is a gross tonnage issue.
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Old 06-09-2012, 09:55 AM
 
Location: Texas
391 posts, read 588,250 times
Reputation: 498
Here is what happened...

I am approaching the yield and could see a couple of vehicles
merging. Slowed down while staying in the right most lane.

I'm well past the yield when another vehicle merges at speed
catches up, and pulls in front of me in the right most lane with
little clearance to spare despite the traffic being light.

My thought was he wanted to turn off at the next exit... nope
he keeps rolling down exchange.

So there he is rolling along in front of me, I'm behind the wheel
shook my head at the situation... he rolls down his window and
gives me the one-finger wave presumably in response.

Given I was well past the yield sign I presume my obligation to
yield at that point is also over.

Gives me the feeling he thought I should still be yielding even
though I am past the yield sign... I would have been yielding
to a vehicle behind me.
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Old 06-09-2012, 01:17 PM
 
1,011 posts, read 1,216,162 times
Reputation: 1023
Quote:
Originally Posted by JosephV55 View Post
Here is what happened...

I am approaching the yield and could see a couple of vehicles
merging. Slowed down while staying in the right most lane.

I'm well past the yield when another vehicle merges at speed
catches up, and pulls in front of me in the right most lane with
little clearance to spare despite the traffic being light.

My thought was he wanted to turn off at the next exit... nope
he keeps rolling down exchange.

So there he is rolling along in front of me, I'm behind the wheel
shook my head at the situation... he rolls down his window and
gives me the one-finger wave presumably in response.

Given I was well past the yield sign I presume my obligation to
yield at that point is also over.

Gives me the feeling he thought I should still be yielding even
though I am past the yield sign... I would have been yielding
to a vehicle behind me.
It depends, if he had to change his plan in anyway because of you, you failed to yield. There is no "partial yield" you either fully yield or you dont. He was the faster and you the slower, so you had to yield, his reason for wanting that lane doesnt matter.

Having said that we could use his actions (he gave you the finger, drove in an aggressive manner and *cut* you off close to prove he KNEW you had not yielded the right of way (and remember, in Texas NO ONE has the right of way, because you can assert it)

Thus you were both wrong. Given the other drivers aggression, from a legal standpoint, he would probably be *more* wrong for his actions after yours.

Having said that, driving brings hazzards. Not the least of which is making small mistakes and people over reacting to those mistakes. Be careful of both small mistakes and people over reacting as they can both get people killed.

Be safe out there. Driving is pretty much the most dangerous thing most people do.
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Old 06-09-2012, 01:25 PM
 
3,669 posts, read 5,915,762 times
Reputation: 1788
From Texas Highway Man:

Quote:
This law is quite simple: if you're on the frontage road (a.k.a. access road, feeder road, service road, or gateway) of a freeway or expressway, then you must yield to traffic exiting or entering the freeway or expressway. This law covers all entrance and exit ramps, even if there are no yield signs.
The Texas Highway Man Pages - Texas Traffic Laws (and good driving habits)




You also have to yield even if you already drove past the yield sign. If there was an accident you would be blamed if you didn't:

Quote:
(d) If an operator is required by Subsection (c) to yield and is involved in a collision with a vehicle in an intersection after the operator drove past a yield sign without stopping, the collision is prima facie evidence that the operator failed to yield the right-of-way.
Texas Transportation Code - Section 545.153. Vehicle Entering Stop Or Yield Intersection - Texas Attorney Resources - Texas Laws
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Old 06-09-2012, 02:34 PM
 
Location: San Antonio
210 posts, read 439,268 times
Reputation: 277
If he was close enough on the off-ramp that when he merged he could get in front of you and cut you off than surely you were in the wrong and should've yielded.
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Old 06-09-2012, 03:51 PM
 
1,011 posts, read 1,216,162 times
Reputation: 1023
Quote:
Originally Posted by Merovee View Post
From Texas Highway Man:

The Texas Highway Man Pages - Texas Traffic Laws (and good driving habits)




You also have to yield even if you already drove past the yield sign. If there was an accident you would be blamed if you didn't:

Texas Transportation Code - Section 545.153. Vehicle Entering Stop Or Yield Intersection - Texas Attorney Resources - Texas Laws
It is not as simple as "he would have been blamed..."

As I have said, the Law requires people to mitigate a loss. When you are suffering damage or loss, you must take reasonable steps to stop or slow additional loss. (If you have a small fire and it can be show you could have put it out but you let it burn with a "I want the whole thing replaced..." attitude, you could find yourself on the losing side of a payment.

In traffic, it is similar. Even if someone "failed to yield the right of way" and it can be shown you knew they were failing to do so, you share a level of liability. You did not excersise due caution.

This is a very important (and complicated) legal issue. It keeps people from just plowing into others because "it is their fault." Dont think for a minute that people dont do just that. (It is their fault, If I hit them, they will have to pay.....") No, if you knew, you are both at fault to a degree, even if the other person was wrong first.
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Old 06-09-2012, 03:55 PM
 
1,011 posts, read 1,216,162 times
Reputation: 1023
BTW, in general, most Police (contrary to popular belief) dont determine fault in a crash anyways. They simply report the facts and some opinions on circumstances and results. Courts (or arbitration) generally decides levels of liability.

Also being issued a ticket doesnt make it "your fault." The ticket might not (end up) having anything to do with the liability levels you are responsible for in the crash.
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