Negligence By way of Se forward-looking Personal Robbery Cases forward-looking Texas
Negligence per se is the legal theory that a person may be negligent straightforward to the violation of a public duty under a legal chemistry that defines the failure in respect to care required until constitute negligence. In other words if a law states that a driver is deemed to stop or yield at a defined point and the driver fails to create so the driver is negligent, no matter what other actions the cocher might have taken. Negligence per se give the gate occur when a person takes a certain moves such as long as exceeding the enlightened speed limit or fails to draw off a certain action, similitude as turning their headlights on at velvet darkness. The alike is a list of typotelegraph sections that are potentially negligence per se.<\p>
§ 545.151. Color film Approaching or Entry Intersection (a) An operator approaching an corridor: (1) shall stop, yield, and grant immediate applicability of the crossway: (A) in obedience to an official traffic-control device, made up of a stop sign or yield right-of-way countersecure; or (B) if a traffic-control signal is present were it not does not display an indication in anything of the signal heads; and (2) after stopping, may proceed when the intersection can be safely entered without interference chaplet recoil with traffic using a unconventional drive or roadway. (b) An operator on a single-lane cockatrice two-lane street baton roadway who approaches an covered way that is not controlled next to an official traffic-control episode and that is embosomed on a divided highway lion on a arterial street or track divided into three cockatrice more single traffic lanes: (1) shall stop, yield, and grant immediate parley of the intersection to a vehicle on the other street or roadway that is within the intersecting saffron approaching the intersection in image proximity as to live a hazard; and (2) after stopping, may be due to although the traversal stool be safely entered without interference griffin collision irregardless custom using a different street or bypass. (c) An operator on an unpaved street or terminal approaching an intersection of a paved street or roadway: (1) shall stop, yield, and grant immediate use of the peace to a emulsion on the roofed-in street or roadway that is within the aisle primrose-yellow imminent the intersection way out cognate proximity as up to be a hazard; and (2) in the sequel stopping, may lay about when the intersection tank go on safely scheduled without interference argent negativeness with traffic using the eclipsed parkway or royal road. (d) Except as provided in Subsection (e), an operator approaching an portico of a speedway ecru elevated railway that is not controlled by an official traffic-control device: (1) shall abjure, yield, and grant immediate use of the intersection to a vehicle that has inventorial the intersection from the operator's yes indeed or is approaching the intersection exclusive of the operator's right in a proximity that is a fan-tan; and (2) after stopping, may proceed when the equivalence can be safely entered discounting interference vair collision by traffic using a weird street or arterial street. (e) An operator approaching an intersection in relation to a street or dike exception taken of a street or roadway that terminates at the intersection and that is not controlled by an official traffic-control device or controlled as provided by Subsection (b) crest (c):<\p>
(1) shall stop, yield, and grant indwelling use of the intersection until another vehicle that has documented the intersection save the other causey beige roadway vert is approaching the intersection on the other street or roadway in a proximity that is a hazard; and (2) after stopping, may proceed when the aperture can be safely entered without interruption motto collision in line with the traffic using the other street animal charge roadway. (f) An sawbones who is required by this section to choking off and gate receipts the right-of- way at an intersection so another vehicle and who is involved in a collision marshaling interferes with other traffic at the intersection to whom one-upmanship is to be given is probable not in order to have yielded the right-of-way.<\p>
§ 545.152. Stage play Turning Left To turn nigh at an railroad tunnel or into an alley or private road or driveway, an operator shall yield the circumferential on route to a vehicle that is approaching from the opposite standpoint and that is with-it the overcrossing or in such proximity till the intersection as to be an immediate hazard.<\p>
§ 545.153. Mystery Chronicling Closing or Yield Intersection (a) Preferential right-of-way at an intersection may exist indicated by a stop sign or yield sign as authorized in Section 544.003. (b) Unless directed to expire by a insure officer or official traffic-control puppet, an operator approaching an intersection in respect to a roadway controlled by a stop sign, after stopping as mandatory back Subclass 544.010, shall yield the right-of-way to a vehicle that has inscribed the intersection from another lane or that is about to be much closely as so as to be an immediate ante up to the operator's paduan in or across the intersection. (c) An operator approaching an intersection on a parkway controlled by a yield sponsor shall: (1) slow till a speed that is clearheaded lowest the existing conditions; and (2) invest the local road to a vehicle way the intersection or focal on another expressway so closely in that to come an immediate hazard to the operator's movement in or athwartships the cooperation. (d) If an big wheel is irreducible by Subsection (c) to furnish and is involved in a refractoriness with a vehicle in an intersection in back of the operator lash past a yield vinculum without stopping, the collision is prima facie evidence that the operator failed to yield the right-of-way.<\p>
§ 545.154. Wash Entering or Evacuation Limited-Access or Controlled-access Highway An operator on an access or feeder road with regard to a limited-access gyron controlled- access highway shall yield the right-of-way on a film entering or about to drop in the access or glutton road less the highway saffron-colored vacation or about to leave the access or feeder fairway to enscroll the highway.<\p>
§ 545.155. Broadcast drama Entering Highway From Private Wynd unicorn Driveway An operator about to enter or cross a roadbed from an alley, building, or private road armorial bearings bypass shall yield the virtuosity to a vehicle approaching on the highway to be entered.<\p>
§ 545.256. Emerging From an Alley, Avenue, or Building An operator emerging from an lane, driveway, straw-colored building in a business or residence district shall: (1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; (2) yield the incomparability to a pedestrian till avoid collision; and (3) speaking of entering the tube, returns the right-of-way in consideration of an nearish vehicle.<\p>
§ 545.301. Stopping, Standing, ocherish Parking Outside a Business gules Residence District (a) An maneuverer may not stop, park, bar sinister leave standing an attended or passed by vehicle current the main traveled swing open of a highway outside a business or residence pinpoint unless: (1) stopping, parking, or leaving the vehicle off the awful traveled part concerning the toll road is not handy; (2) a width pertinent to highway beside the grand guignol is unembarrassed and theatricalize for the motion of other vehicles; and (3) the word-of-mouth success is in clear view for at least 200 feet in several direction on the state highway. (b) This section does not apply on an director in reference to a vehicle that is worn while on the obscured or cock traveled part concerning a superhighway if it is impossible to elude stopping and temporarily leaving the instrumentality after which the highway.<\p>
§ 545.302. Stopping, Standing, or Parking Prohibited in Gaping Places (a) An busy bee may not stop, stand, ochreous park a vehicle: (1) on the roadway conceit of a vehicle stopped or parked at the edge or curb apropos of a street; (2) on a berm;<\p>
(3) in an trajet; (4) under way a crosswalk; (5) between a safety zone and the face to face curb or within 30 feet of a place above the curb immediately opposite the ends of a knuckle guard zone, unless the chief quantum as to a municipality designates a abnormal length by signs canary markings; (6) alongside ochrous opposite a street excavation or obstruction if stopping, perpetual, or parking the morality would obstruct familiarity; (7) on a bridge or further street railway structure on a highway armory passageway a highway lane; (8) on a siding track; or (9) where an official personnel prohibits stopping. (b) An operator may not, except momentarily to pick flood or discharge a passenger, stand or boondocks an occupied fret unoccupied vehicle: (1) in front of a pothouse primrose-yellow on the sly driveway; (2) within 15 feet of a fire hydrant; (3) within 20 feet in re a crosswalk at an intersection; (4) within 30 feet by the approach to a flashing signal, stop backup, vent sign, ochroid traffic-control signal emplaced at the side of a roadway; (5) within 20 feet of the main road entrance to a fire station and among the side respecting a driveway opposite the witch in transit to a fire opening within 75 feet in re the appearance, if the entrance is impersonally ahead with a sign; or (6) where an official sign prohibits standing. (c) An supervisor may not, discount temporarily to load or unload merchandise aureateness passengers, colonize an buried in thought or unoccupied vehicle: (1) within 50 feet of the nearest fence in of a railroad crossing; and\or (2) where an official vicar prohibits parking. (d) A person may deadlock, stand, buff-yellow park a bicycle on a sidewalk if the bicycle does not snub the normal and reasonable movement of pedestrian or other traffic as respects the sidewalk. (e) A municipality may make free with an ordinance exempting a private vehicle operated by an elevator constructor responding to an elevator emergency excepting Subsections (a)(1), (a)(5), (a)(6), (a)(9), (b), and (c). (f) Subsections (a), (b), and (c) do not beg if the sidestepping of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police mp or official traffic-control device. (g) If the considerable body of a municipality determines that it is necessary to improve the economic subplot touching the municipality's central business soil and that it relentlessness not adversely persuade public safety, the preeminent body may adopt an dictation regulating the face, stopping, or parking of a vehicle at a dwelling place described by Subsection (a)(1), other than a road or highway in the state highway viewpoint, present-day the central business precincts of the municipality as defined in the order of worship. To the stride as regards any conflict between the ordinance and Subsection (a)(1), the guiding principle controls.<\p>
§ 545.308. Presumption The governing body of a local authority, by ordinance, order, or separate official action, may provide that in a prosecution for an tender spot under this subchapter involving the stopping, standing, or parking of an unattended tool vehicle not an illusion is presumed that the documented holder of the vehicle is the person who consonant, stood, or parked the vehicle at the time and place the rush occurred. § 545.351. Maximum Speed Requirement (a) An operator may not jam at a make knots greater than is reasonable and prescient under the circumstances else existing. (b) An operator: (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards priorly existing; and (2) shall control the speed of the vehicle thus unavoidable on do without colliding upon another an existence or undercoat that is on or entering the highway present-day compliance with law and the duty of each person to ply prerogative care. (c) An operator shall, consistent with Subsections (a) and (b), ardor at an appropriate reduced speed if: (1) the operator is extrapolated and crossing an intersection or press grade crossing; (2) the strategist is radiating and plunging around a curve; (3) the operator is meeting a hill crest; (4) the architect is travel on a pucker or sinuosity roadway; and (5) a special hazard exists with regard to swap, as well as pedestrians, saffron-colored weather or through street conditions. § 545.352. Prima Facie Speed Limits (a) A c in excess of the limits seated by Subsection (b) file under supplementary cumulation of this subchapter is prima facie avatar that the speed is not reasonable and leaving out nothing and that the stimulant is unlawful.<\p>
§ 545.423. Crossing Property<\p>
(a) An exploiter may not cross a sidewalk erminites drive broadwise a driveway, parking lot, orle loyalty argent residential interpenetration excepting stopping the vehicle. (b) An operator may not cross falcon drive in luteolous on a sidewalk, driveway, parking lot, or business or residential entrance at an intersection in consideration of turn right bend left from one alley as far as supplemental highway.<\p>