Summary
- Traffic Laws Are Often Universal. All states require licenses, insurance, and basic traffic law compliance. But enforcement and penalties can vary drastically from one state to another.
- Texas Has Unique Laws. The Lone Star State allows 85 mph speed limits on certain roads and permits riding a motorcycle without a helmet in certain situations. And driving with an uncaged bear in the back of your car? That’s illegal in Texas.
- Local Ordinances Matter. Cities and counties add their own regulations to the mix, such as parking rules and traffic restrictions. These local ordinances may affect who’s at fault in accidents.
Texas traffic laws can confuse even experienced drivers. Speed limits reach 85 mph in some areas but drop down to 15 mph in others. You can ride a motorcycle without a helmet at 21, but doing so at 20 means breaking the law. And cities also add their own traffic rules on top of state laws.
Understanding these laws is vital, whether you live in Texas or visit from another state. And when you’re dealing with the aftermath of an accident, the traffic law violations can make or break your claim. They determine who’s responsible and how much compensation you can recover.
Discover what makes Texas traffic laws different and how the state handles fault and liability.
Driving Laws Common to All States
Traffic rules exist everywhere, no matter which state you’re driving through. Basic requirements are fairly consistent throughout the US, so drivers from any state know and understand the fundamentals:
- License, Registration, and Insurance. All states require a valid driver’s license and current vehicle registration. Except for New Hampshire, all states also require liability insurance. Driving without these basic requirements means you could face fines or even jail time, and serious liability if you cause an accident.
- Impaired and Distracted Driving. All 50 states ban drunk driving with a 0.08% blood alcohol limit for drivers 21 and over. Texting while driving is illegal nationwide, though enforcement methods vary by state.
- Safety Equipment. Seat belts are mandatory everywhere, but the specific requirements differ by state. Manufacturers must meet federal government minimum vehicle safety standards set by the National Highway Traffic Safety Administration (NHTSA).
- Traffic Signals and Right-of-Way. Traffic lights are standardized in the US: red always means stop, and green means go. At uncontrolled intersections, the person arriving first is usually allowed to go first, but in some states, you must yield to vehicles on your right. Drivers must yield to pedestrians in crosswalks, and always make way for emergency vehicles with lights and sirens.
- Hit-and-Run. Leaving the scene of a crash carries criminal penalties in every state, especially when injuries are involved.
How Texas Driving Laws Differ
Texas takes a different approach than many states. Speed limits on rural highways typically reach 75 mph, with Highway 130 even allowing 85 mph, the highest speed limit in the nation. Most other states cap highway speeds at 65 or 70 mph.
But here’s something that can trip up Texas drivers: posted limits only apply in good conditions, and Texas law requires drivers to slow down in various situations, including inclement weather and when driving through construction zones. Someone going the speed limit in dangerous weather can still get a ticket. And if another driver hits you while traveling too fast for conditions, they violated the law even without exceeding the posted speed limit.
Comparative Negligence in Texas
Texas uses modified comparative negligence for injury claims, meaning you can recover compensation even if you share some fault, as long as you’re 50% or less responsible. Your payment is typically reduced by your fault percentage.
For example, imagine you have $100,000 in damages from an accident. The other driver ran a red light, but you were a little too fast. A jury finds you 20% at fault and the other driver 80% at fault. In that case, you would only receive $80,000 in damages instead of the full amount.
Texas-Specific Traffic Laws
The state has some unusual traffic rules you may not find elsewhere:
- Prohibited Actions. You can’t open your door while driving, leave keys in an unattended vehicle’s ignition, or forget to set the parking brake when you leave your car. And don’t drive with an uncaged bear in your car, as that’s also illegal.
- Motorcycle Helmet Rules: Per motorcycle helmet laws, riders under 21 must wear helmets in Texas. Those 21 and older can skip helmets if they’ve completed a safety course or carry the relevant insurance.
- Lane Splitting Ban: Motorcycles must stay in a single lane like any other vehicle. Lane splitting and lane filtering are both illegal in Texas.
Insurance Requirements
Texas mandates minimum liability coverage of $30,000 per person for bodily injury, $60,000 per accident for multiple injuries, and $25,000 for property damage. Some states require higher minimums and mandate personal injury protection that pays your medical bills regardless of fault. While Texas doesn’t require PIP coverage, insurers must offer it.
How Local Driving Laws Work in Texas
Local authorities add rules on top of state laws, meaning Houston’s traffic ordinances differ from Austin’s regulations. Texas sets maximum speeds for different road types, but cities can lower them based on traffic studies. And cities also control school zone hours, parking regulations, signage, and enforcement methods.
Red light cameras depend on local decisions. Some cities use them while others have banned them completely. Since each city decides, enforcement varies drastically across the state.
These local restrictions carry the same legal weight as state laws. If someone violates a city ordinance, such as speeding in a 25 mph residential zone, they’ve broken the law just as surely as if they’d violated state traffic code.
Download the Complete Texas Motor Vehicle Law Guide
Texas driving laws get confusing fast. Speed limits change based on conditions, and the laws even vary from city to city. But if you’ve been injured in a crash, knowing these rules is essential. They can help you identify violations that strengthen your case and maximize your compensation.
Our guide walks you through Texas driving laws from speed limits to accident reporting requirements. You’ll also discover when contacting a car accident attorney is vital and how ConsumerShield connects you with experienced Texas lawyers at no cost. Download your free guide now.
