Texas Transportation Code Chapter 545: Rules of the Road & When Traffic Violations Establish Negligence Per Se
Summary of the Texas Rule (Tex. Transp. Code §§ 545.051–545.428)
Catalogs the core Texas traffic statutes governing following distance (§ 545.062), left turns (§ 545.152), stop/yield signs (§ 545.151/153), speed (§ 545.351), texting while driving (§ 545.4251), and when a statutory violation is negligence per se vs. ordinary negligence.
Statutory Text Summary & Legal Mechanics
Key provisions include: § 545.060 (driving within a single lane & motorcycle lane-splitting ban); § 545.062 (maintaining an assured clear following distance); § 545.104 (signaling turns 100 feet in advance); § 545.151–545.153 (stopping and yielding at intersections); § 545.351 (driving at a speed reasonable and prudent under existing conditions); § 545.401 (reckless driving); § 545.413 (seatbelt requirement); § 545.4251 (statewide ban on reading, writing, or sending electronic messages while driving); and § 545.428 (Lisa Torry Smith crosswalk injury law).
Practical Impact on Texas Personal Injury Claims & Jury Trials
Crucial Texas Supreme Court Distinction: In Texas, if a traffic statute imposes a conditional duty requiring the driver to exercise judgment (such as § 545.062 'assured clear distance' or § 545.351 'reasonable and prudent speed'), Texas courts hold it merely reflects the common-law ordinary care standard rather than strict negligence per se (Louisiana-Pacific Corp. v. Knighten, 976 S.W.2d 674 (Tex. 1998)). By contrast, unconditional statutory commands (such as running a red light under § 544.007 or failing to stop at a railroad crossing under § 545.251) support a negligence per se jury instruction!
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