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The Rules Of The Road

The Texas Transportation Code is the law that governs the rules of the road. They are in place to ensure the safety of all drivers, passengers and pedestrians who use our public right of ways.  When drivers ignore these rules, many times innocent people get hurt, seriously injured or killed. While these traffic violations are most often enforced by police officers when they give tickets, they can also be enforced in the civil courthouse when violations cause serious injury or death in car accident lawsuits.

Traffic Violations under the Texas Transportation Code
Drivers or operators of motor vehicles have a responsibility to other persons using the roadways.  These responsibilities are determined by the laws of the State of Texas. If a driver violates these laws and injures another person, proof of such a violation can aid an injured person in the recovery of damages in a personal injury lawsuit.  

The following are examples of provisions of the Texas Transportation Code.  These violations are often very detailed and include many nuances that are not covered here. It should also be noted that the Texas Transportation Code is not the only source of laws that cover conduct on the highway. Drivers are under a general duty to act reasonably under the circumstances when operating a motor vehicle and to act with care for the safety of all other travelers on Texas roads.

  • Drivers must obey all traffic signals. This can be as simple as stopping at a red light and going forward at a green light. However, following traffic signals also includes following directional arrows and yielding to oncoming traffic when executing an unprotected left turn at a light. Tex Trans. Code § 544.004, 545.101.
  • Drivers must stay in their lane of traffic while driving. Drivers should not move from lane to lane unless changing lanes is safe.  For instance, a driver should not move frequently from lane to lane or weave through traffic, as this may pose and unreasonable risk to other drivers. Tex Trans. Code § 545.060(a).
  • Drivers should not drive in the center (turn) lane unless they are preparing to make a left turn or they are passing another vehicle. Tex Trans. Code § 545.060(b).
  • Drivers on highways should yield to other vehicles entering the highway. Vehicles entering a highway have the “Right of Way.” The person with the “Right of Way” has the greater right to proceed before someone who does not have the “Right of Way.” Drivers without the right of way should allow those with the right of way to go first in order to avoid a collision. Tex Trans. Code § 541.401(8), 545.061.
  • Drivers should maintain a sufficient following distance from other vehicles to allow for safe stopping on roadways. Simply put drivers should not tailgate or drive too close to other vehicles on the highway. The law accounts for several factors to determine a safe distance such as the speed of the vehicles, traffic, and the conditions of the highway. Similarly, drivers who are following each other should also leave enough space between them that another vehicle can safely occupy the space. Tex Trans. Code § 545.062.
  • On divided highways, drivers should drive on the right roadway and should not cross over except at designated cross over sights and openings. Tex Trans. Code § 545.063.
  • Drivers cannot pass a school bus when it is stopped to pick up or drop off children. Tex Trans. Code § 545.066.
  • Drivers must driver at a reasonable speed.  A reasonable speed can be driving too fast or driving too slow. In a civil case, the posted speed limit is evidence of a reasonable speed, but certain roadway and weather conditions may mean that the posted speed limit is not a reasonable speed. For example, while driving on a winding road or a sharp curve drivers may need to reduce their speed to ensure the safety of others on the road. The same is true when driving during inclement weather such as dense fog or rain. Tex Trans. Code §§ 545.351, 545.352, 545.363.  
  • Drivers must not drive recklessly. Drivers drive recklessly when they drive with willful or wanton disregard for the safety of others or their property. The law against reckless driving will cover a broad range of dangerous activity on the road as long as that activity endangers others on the highway. Tex Trans. Code § 545.401.
  • Drivers may not drive through a safety zone. A safety zone is one designated for use by pedestrians and should be clearly marked. Tex Trans. Code § 541.302(12), 545.403.
  • Drivers may not “coast” downhill. Coasting occurs when the car is in neutral while driving down a hill. Tex Trans. Code § 545.406.
  • Drivers may not follow within 500 feet of a fire truck or ambulance. Tex Trans. Code § 545.157.
  • Drivers may not drive with so many passengers that the drivers view is obstructed or their operation of the vehicle is impaired. Tex Trans. Code § 545.417.
  • Drivers may not participate in a race on a highway. It is a violation of the traffic code when a driver is engaged in a drag race or racing or any sort on public roadways. This includes endurance tests of the driver driving over long distances and any race where the object of the race to reach some destination ahead of another vehicle. Tex Trans. Code § 545.420.
  • Drivers must drive on the right side of the road. Drivers must also keep right when moving more slowly than another vehicle. In addition, drivers must stay to the right when being passed by other vehicles on the roadway. Tex Trans. Code §§ 545.051, 545.052.
  • Drivers cannot cross the center stripe of the roadway and enter into oncoming traffic. It is also unlawful to cross the center stripe to pass another vehicle unless they are in a passing zone, or otherwise directed and the lane is free from oncoming traffic.  If a driver crosses the center line to pass then that driver must return to the right side of the road as soon as possible or before coming within 200 feet of an approaching vehicle. Tex Trans. Code §§ 545.054, 545.055, 545.056.
  • Drivers must pass other vehicles on the left side of the road unless they are on a one way street. In addition, drivers who are being passed by another driving making a proper signal cannot accelerate until they have been completely passed by the other vehicle. In other words, drivers are not entitled to “cut off” other drivers on the roadway. Tex Trans. Code §§ 545.055, 545.057, 545.051.
  • Drivers should not drive on the shoulder of a highway unless they are about to stop, accelerate before entering traffic, decelerate before making a right turn, pass a vehicle stopped on the highway, allow another faster vehicle to pass, or to avoid a collision. Tex Trans. Code § 545.058.
  • On a one way street a driver should drive only in the direction traffic is designated to drive. On a rotary or round about drivers should drive to the right of the center island. Tex Trans. Code § 545.059.
  • Drivers under the age of 18 are subject to special restrictions when they drive a car. For instance, underage drivers cannot use a wireless communications device (cell phones) while driving within one year of obtaining their driver’s license. In addition, underage drivers cannot drive with more than one passenger under the age of twenty-one unless those persons are family members. Tex Trans. Code § 542.424
  • No person can use a wireless communications device or cell phone in a school zone unless it is a hands free device. Tex Trans. Code § 545.425(b).

Negligence Per Se

In many cases, if the injured person’s lawyer is able to prove that a violation of the Texas Transportation Code caused the car accident resulting in the injury and property damages, then the defendant is determined to be “negligent as a matter of law” and their actions are deemed to have been negligent, which is referred to as “negligence per se.”    This is important because the injured person does not win a case by simply showing that the other driver broke the law in some way, instead they must show that the other driver was negligent.  Negligence per se allows the court to give the jury an instruction that the other driver was negligent in their acts and omissions.  It is critical that the car accident lawyer properly plead negligence per se in the lawsuit.  If not, then the court will not give the jury the helpful instruction.

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