Who is at Fault in a Right Turn Accident?

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.

When Can You Turn Right on Red in Texas?

Texas Transportation Code § 544.007

Texas law does not give drivers a free pass to turn right on red whenever they want. 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.

Have Questions About Your Right Turn Accident?

Determining fault in a right turn accident can be complicated, especially when injuries are involved. Attorney Steve Lee has helped over 100,000 clients across Houston understand their rights and secure the compensation they need to recover. Contact Attorney Steve Lee today for a free, no‑obligation case review.