texas traffic code faulty evasive actiontexas traffic code faulty evasive action
September 1, 2011. Acts 1995, 74th Leg., ch. Common Types of Lift Truck Accidents in McAllen, TX. CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE. 5, eff. 165, Sec. September 1, 2007. 1, eff. (b) An operator on a single-lane or two-lane street or roadway who approaches an intersection that is not controlled by an official traffic-control device and that is located on a divided highway or on a street or roadway divided into three or more marked traffic lanes: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the other street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and. (k) This section expires when the national maximum speed limits are repealed. 1357, Sec. at the scene of the accident; and. Not more than one person for each residence may sign the petition, and each person signing must be at least 18 years of age. 339), Sec. (c) A motor vehicle may not draw more than three motor vehicles attached to it by the triple saddle-mount method. May 18, 2017. In the event of an accident involving an automated motor vehicle, the automated motor vehicle or any human operator of the automated motor vehicle shall comply with Chapter 550. (c) An operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except: (1) as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane; (2) under the conditions described by Subsection (a)(2); or. Fail to ride in one lane when riding side by side. (d) A sign under Subsection (c) may be erected only by or with the consent of the appropriate state or local governmental official. Sec. Transp. 1325, Sec. 1759), Sec. requirements of Section 550.023 and minimize interference with freeway traffic. (2) on a roadway wide enough for not more than one line of vehicle movement in each direction, give the other operator: (A) at least one-half of the main traveled portion of the roadway; or. (e) A person is presumed to have recklessly engaged in conduct placing another in imminent danger of serious bodily injury under Subsection (d) if the person while intoxicated knowingly operated a motor vehicle during the commission of the offense. 545.103. This section provides information and. 3676), Sec. For example, if you are driving through a parking lot and a pedestrian suddenly runs out in front of you, you have a responsibility to stop as quickly as possibleeven if the pedestrians actions are technically negligent. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. 1, eff. (d) If a local authority adopts an ordinance under Subsection (c), the authority shall erect and maintain official traffic-control devices on the portions of the limited-access or controlled-access roadway to which the ordinance applies. (a) An operator may not drive on the left side of the center of the roadway in passing another vehicle unless: (1) driving on the left side of the center of the roadway is authorized by this subtitle; and. Acts 2017, 85th Leg., R.S., Ch. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE IN OR NEAR RESIDENTIAL SUBDIVISION. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 161 (S.B. Amended by Acts 2003, 78th Leg., ch. (2) leave a door on the side of a vehicle next to moving traffic open for longer than is necessary to load or unload a passenger. (b) Except as provided by Section 545.425(c), an operator may not use a wireless communication device while operating a motor vehicle on the property of a public elementary, middle, junior high, or high school for which a local authority has designated a school crossing zone, during the time a reduced speed limit is in effect for the school crossing zone, unless: (c) It is an affirmative defense to prosecution of an offense under this section that the wireless communication device was used to make an emergency call to: (1) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (6) an individual to administer first aid treatment; or. 62), Sec. (b) An operator of a vehicle required by Subsection (a) to stop shall remain stopped until permitted to proceed and it is safe to proceed. 8.01. Amended by Acts 1999, 76th Leg., ch. 2596), Sec. Renumbered from Transportation Code, Section 545.426 by Acts 2009, 81st Leg., R.S., Ch. (2) post and maintain signs before each end of the structure stating the maximum speed. (c) An operator may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle: (1) within 50 feet of the nearest rail of a railroad crossing; or. (a-2) Notwithstanding Subsection (a-1), a person under 18 years of age may operate a moped after midnight and before 5 a.m. if the person is in sight of the person's parent or guardian. An operator moving in the opposite direction of the movement of another operator shall: (1) move to or remain to the right; and. 1, eff. 2837), Sec. 1419, Sec. 545.415. 183), Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 545.362. Sept. 1, 1995. 1, eff. This basic coverage is intended to pay for property damage, medical . September 1, 2019. DRIVING ON STREETCAR TRACKS. (b) It is a defense to prosecution of an offense to which this section applies that the defendant provides to the court evidence satisfactory to the court that: (A) the defendant was not arrested or issued a citation for violation of any other offense; (B) the defendant did not possess a child passenger safety seat system in the vehicle; and, (C) the vehicle the defendant was operating was not involved in an accident; and. According to HPD crash investigators, the officer was "traveling at an unsafe speed" and "performed a faulty evasive action.". (2) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. 1.21, eff. A lane restriction may not be enforced until the appropriate traffic control devices are in place. 4, eff. 545.4251. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (d) In this section, "rest area" means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by the Texas Department of Transportation. 16, eff. Failure to take evasive action; Distracted driving; Failure to apply brakes; Failure to maintain lane; If you have any questions or would like us to get started on your case, call us now at (855) 326-0000 for help. Groucho Marx. (2) a vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located. (f) Subsections (a), (b), and (c) do not apply if the avoidance of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police officer or official traffic-control device. Acts 2021, 87th Leg., R.S., Ch. (a) An operator may pass to the right of another vehicle only if conditions permit safely passing to the right and: (1) the vehicle being passed is making or about to make a left turn; and, (A) on a highway having unobstructed pavement not occupied by parked vehicles and sufficient width for two or more lines of moving vehicles in each direction; or. Acts 2019, 86th Leg., R.S., Ch. (a) This section applies only to the following vehicles: (1) a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702; (2) a stationary tow truck using equipment authorized by Section 547.305(d); (3) a Texas Department of Transportation vehicle or a highway maintenance or construction vehicle operated pursuant to a contract awarded under Subchapter A, Chapter 223, not separated from the roadway by a traffic control channelizing device and using visual signals that comply with the standards and specifications adopted under Section 547.105; (4) a service vehicle used by or for a utility, as defined by Section 203.091, and using visual signals that comply with the standards and specifications adopted under Section 547.105; (5) a stationary vehicle used exclusively to transport municipal solid waste, as defined by Section 361.003, Health and Safety Code, or recyclable material, as defined by Section 361.421, Health and Safety Code, while being operated in connection with the removal or transportation of municipal solid waste or recyclable material from a location adjacent to the highway; and. (a) An operator approaching a railroad grade crossing shall stop not closer than 15 feet or farther than 50 feet from the nearest rail if: (1) a clearly visible railroad signal warns of the approach of a railroad train or other on-track equipment; (2) a crossing gate is lowered, or a flagger warns of the approach or passage of a train or other on-track equipment; (3) a railroad engine or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from that distance and the engine or other equipment is an immediate hazard because of its speed or proximity to the crossing; (4) an approaching railroad train or other on-track equipment is plainly visible to the operator and is in hazardous proximity to the crossing; or. Since Texas is a fault insurance state, any driver who causes an accident must pay for the damages of any injured victims. A municipality by ordinance may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway in the municipality. The commanding officer of a United States military reservation, for a highway or part of a highway in the military reservation, including a highway of the state highway system, has the same authority by order to alter prima facie speed limits from the results of an engineering and traffic investigation as the Texas Transportation Commission for an officially designated or marked highway of the state highway system. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250. (c) An order under Subsection (b) must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter and exit the highway. Acts 1995, 74th Leg., ch. 3171), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 803, Sec. September 1, 2019. A new limit that is enacted for a highway under this section is effective at all times or at other times as determined. (3) shall accord a pedestrian the right-of-way as required by this subtitle. 4, eff. 449), Sec. STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES. 1, eff. 327, Sec. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. (b) The limitations in Subsection (a) do not apply: (2) to an operator turning left into or from an alley or private road or driveway. (d) To turn left, an operator who is approaching an intersection having a roadway designated for one-way traffic and for which signs are posted from a roadway designated for one-way traffic and for which signs are posted shall make the turn as closely as practicable to the left-hand curb or edge of the roadway. AUTOMATED MOTOR VEHICLE OPERATION. September 1, 2005. The most common contributing factors to the state's fatal crashes in 2018 were speed-related, which was cited in 1,153 crashes. (2) "Wireless communication device" has the meaning assigned by Section 545.425. (a) An operator may not drive a vehicle when it is loaded so that, or when the front seat has a number of persons, exceeding three, so that: (1) the view of the operator to the front or sides of the vehicle is obstructed; or. Sept. 1, 1995. (a) In this section: (1) "Hands-free device" means speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands, except to activate or deactivate a function of the wireless communication device or hands-free device. 2, eff. This is called comparative fault. MOVING A PARKED VEHICLE. September 28, 2011. (d) The owner and any carrier of personal property removed under this section shall reimburse the authority or law enforcement agency for any reasonable cost of removal and disposition of the property. RESTRICTED ACCESS. (c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if: (1) the operator is approaching and crossing an intersection or railroad grade crossing; (2) the operator is approaching and going around a curve; (3) the operator is approaching a hill crest; (4) the operator is traveling on a narrow or winding roadway; and. (b-1) A person under 17 years of age who holds a restricted motorcycle license, during the 12-month period following the issuance of an original motorcycle license to the person, may not operate a motorcycle after midnight and before 5 a.m. unless: (1) the person is in sight of the person's parent or guardian; or. May 9, 1997; Acts 1997, 75th Leg., ch. We will always provide free access to the current law. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (a) An automated motor vehicle may operate in this state with the automated driving system engaged, regardless of whether a human operator is physically present in the vehicle. 1294), Sec. Air North Texas Coalition; Air Quality Technical Committee; Sec. 545.205. (d) Before issuing an order under this section, the commissioners court shall submit to the department a description of the proposed restriction.
