Texas is a large state with many roadways, both in urban and rural areas. Unfortunately, drivers sometimes get careless and drive faster than they should. Because high-speed crashes can produce severe injuries, Texas law requires all motorists to maintain control of their vehicle’s speed during hazardous conditions.

The Offense: Maximum Speed Requirement

Failure to Control Speed is a Texas traffic violation most often used following rear-end auto collisions. Section 545.351 of the Texas Transportation Code, entitled “Maximum Speed Restrictions,” provides the basis for this violation.

Section 545.351 states that a driver may not drive faster than is reasonable and prudent under the existing circumstances and requires drivers to control their vehicle’s speed to avoid colliding with another person or vehicle already on or entering the roadway. The statute explicitly requires motorists to slow down when a hazard exists regarding traffic (e.g., pedestrians or weather or highway conditions).

Criminal Punishment and Civil Liability

A driver cited for Failure to Control Speed faces a penal fine between $1.00 and $200.00 and a possible driving conviction. However, a crash victim could also find that the citation forms the basis for an auto insurance claim.

Texas is not a no-fault state. Therefore, Texas crash victims must prove that the at-fault driver is legally responsible for the collision to recover damages from the driver and his or her auto liability insurer. Most accident attorneys use the legal doctrine known as “negligence” to hold a driver civilly responsible for a victim’s damages. A driver is negligent when he or she fails to act as a person of ordinary prudence would have under the same or similar circumstances. 

One way a driver could be negligent is the failure to control his or her vehicle’s speed. Section 545.351’s wording means that a driver who rear-ends another vehicle almost always violates Texas traffic law. However, the driver’s criminal culpability could also form the basis of a civil negligence claim. Under this theory, the injured party would show that the at-fault driver was driving faster or following the victim’s vehicle more closely than the driver should have been and proximately caused both the collision and the resulting damages.

Speak With An Experienced Injury Lawyer Immediately After a Car Accident

Proving that another driver’s negligence caused a collision is not always an easy feat. A good accident attorney can help by gathering and organizing the necessary evidence immediately after a motor vehicle collision. If someone fails to control speed and crashes into your car, you have enough things to worry about. Do not let dealing with the at-fault driver’s insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.