Drivers in Texas commonly turn right on red lights, incorrectly assuming they are always allowed to do so. Under Texas law, turning right on red is only permitted under certain conditions. If a driver does not meet those requirements and a collision occurs, they are often held responsible.
The Law: Texas Transportation Code § 544.007
Under Texas Transportation Code § 544.007, drivers may turn right on red only if the driver meets all three of the following:
- The driver must stop completely: The driver must stop at the stop line, crosswalk, or before entering the intersection. Rolling stops are illegal and often cause accidents.
- The driver must yield: After stopping, the driver must let pedestrians, cyclists, and other vehicles with the right of way to go first.
- The turn must be safe and allowed: A driver can only turn if it’s safe and no sign forbids it. Ignoring a “No Turn on Red” sign or forcing others to brake or swerve is illegal.
Texas law does not give drivers a free pass to turn right on red whenever they want.
Why the Turning Driver Is Often Found Liable
When a crash happens during a right turn on red, investigators usually start by looking at the turning driver. That is because the driver facing the red light has the duty to stop and yield.
The turning driver is commonly found at fault if they hit a pedestrian, cyclist, or vehicle with the right of way. Claiming the other person was moving too fast or came out of nowhere usually does not hold up. Texas law places the responsibility on the driver making the turn to ensure the intersection is clear.
Pedestrians in Crosswalks
Right-on-red crashes with pedestrians are often clear cases of liability. Pedestrians have the right of way when crossing legally, even without a marked crosswalk. Drivers must watch for pedestrians before and during the turn, and saying they didn’t see someone usually doesn’t work as a defense.
Cyclists and Bike Lanes
Cyclists are especially at-risk during right-on-red turns. Drivers often watch for cars but miss bike lanes or cyclists going straight through the intersection. Under Texas law, cyclists generally have the same rights as motor vehicles. If a cyclist has the right of way, the turning driver must yield. Failing to check for cyclists can quickly lead to liability.
Vehicle-to-Vehicle Crashes
When a driver turns right on red and pulls into the path of cross traffic with a green light, fault is usually straightforward. These crashes often happen when a driver misjudges speed, doesn’t look again after stopping, or assumes the other vehicle will slow down.
Texas law does not excuse those mistakes. The driver must wait until the intersection is completely clear. If a crash occurs, the turning driver is often held responsible.
The turning driver is commonly found at fault if they hit a pedestrian, cyclist, or vehicle with the right of way.
Traffic violations and injury liability are closely connected in right-on-red crashes because a driver’s failure to obey traffic control laws can establish fault. In Texas, violations such as rolling through a stop, failing to yield, or ignoring a posted restriction may be used to show that the turning driver breached a legal duty owed to others in the intersection. Liability analysis focuses on whether that traffic violation directly caused the collision and resulting injuries.
How Comparative Negligence Works in Texas
Texas uses a modified comparative fault system. An injured person can still recover damages as long as they are not more than 50% at fault. If they are partly responsible, the court will reduce their compensation by their percentage of fault.
In right-on-red cases, the turning driver usually carries most of the blame because the law requires them to stop and yield. When they fail to do so, their share of responsibility is often significant.
Evidence Commonly Used to Prove Fault in Right-on-Red Cases
After a right-on-red crash, the turning driver often insists the turn was safe. Because these collisions happen so quickly, strong evidence is critical. Common types of evidence include:
- Traffic camera footage: While Houston no longer uses red-light enforcement cameras, many intersections still have monitoring cameras that can show whether the driver stopped, who had the right of way, and whether pedestrians or cyclists were already present.
- Dashcam footage: Footage from either vehicle or a third-party can capture rolling stops, failure to yield, and unsafe turns.
- Vehicle black box data: Electronic data recorders (EDRs) can show speed, braking, throttle use, and steering just before the crash.
- Police reports and traffic citations: A citation for failure to yield or ignoring a traffic control device can strongly support a civil claim.
- Physical evidence: Damage patterns, debris, skid marks, and the point of impact help reconstruct how the crash happened.
Early investigation is often critical in right-on-red injury cases because video footage may be overwritten, and electronic data can be lost if not preserved quickly.
Compensation Available to Injury Victims
A collision at an intersection can cause severe injuries, including traumatic brain injuries, spinal damage, and broken bones. In a successful liability claim, victims may be entitled to:
- Economic damages: Including past and future medical bills, lost wages, loss of earning capacity, and property damage
- Non-economic damages: Including pain and suffering, mental anguish, physical impairment, and disfigurement
Protecting Your Rights After a Houston Right-on-Red Crash
Holding the at-fault driver responsible shifts the financial burden of a crash away from the injured person. If a right-on-red crash causes serious injuries, acting quickly can make the driver who caused it pay, not the victim. It’s important to understand Texas law to know your options and whether the turning driver can be held liable.
Steve Lee Accident & Injury Attorneys can help you explore your options and pursue the compensation you deserve. Contact us today to schedule a free consultation and learn how we can help with your right-on-red accident claim.