The Left Lane Law
While many people in Texas use the left lane as a high-speed lane, the Texas Transportation Code dictates that the left lane is to be used for passing slower vehicles at a safe distance. After you pass a vehicle in the left lane, you are required to move back over to the right lane once it is safe to do so. Drivers who remain in the left lane after passing a vehicle face many risks. If a driver remains in the left lane and travels at high speeds to pass multiple vehicles, they risk being ticketed for speeding. Additionally, if a driver goes too slowly in the left lane, they may impede the flow of traffic, which is a fine of up to $200. While it is the law that the left lane is for passing, there are instances when passing on the right shoulder is acceptable by law.
When Can You Pass on the Right Shoulder?
There is only one circumstance in which you can legally pass on the right shoulder in Texas, which is to pass another vehicle that is slowing, stopped, disabled, or preparing to make a left turn on the main part of the road. However, passing on the right shoulder should only be done with extreme caution when the visibility of anything on the shoulder is clear. Remember, the shoulder is a place for disabled cars to pull over. Thus, there may be pedestrians or stalled vehicles on the shoulder. To avoid a shoulder accident, you should not pass when there is a blind curve. You should also make sure that there is enough room for you to drive without leaving the road.
While passing on the right shoulder is not permitted for the most part, there are instances where drivers may drive on the right shoulder without the intention of passing another vehicle. In addition to the law for passing a slowing or stopped vehicle on the right shoulder, drivers in Texas may drive on the right shoulder in six other instances:
- To stop, stand, or park,
- To accelerate before entering the main traveled lane of traffic,
- To decelerate before making a right turn,
- To allow another vehicle traveling faster than you to pass,
- To follow directions provided by an official traffic-control device or
- To avoid a collision.
The driver must only drive on the right shoulder when necessary and safe, even when it falls within one of these legal uses.
What are the Punishments for Driving on the Right Shoulder Illegally?
If you are caught driving on the right shoulder illegally, you could receive a traffic ticket, which may go on your permanent record. Additionally, if you are caught using the right shoulder to illegally pass other vehicles at high speeds, you could be ticketed for speeding and charged with reckless endangerment. A reckless endangerment charge is an offense that could result in jail time, fines, and a criminal record. Therefore, it is important to drive and pass on the right shoulder only when it is necessary and safe to do.
What Should I Do if I Have Been Involved in a Collision?
If you have been in an accident as the result of another driver improperly passing or driving on the right shoulder, you need a Houston car accident lawyer on your side. If your injuries were caused by the negligence of another driver, you may be entitled to compensation for your injuries, property damage, lost wages, and more. At Simmons & Fletcher, our attorneys have decades of experience with personal injury claims and will do our best to help you recover. For a free consultation, call 713-932-0777.
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