[TX] Who is at fault when a driver turning right on red hits a car making a legal u-turn?

TX Car Accident

Lawyer, Esquire

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I'm sorry to hear about your daughter's accident, but I can certainly help clarify the traffic laws in Pasadena, Texas regarding this situation. Here is a breakdown of how Texas traffic laws apply to this scenario:

Legality of the U-Turn: Your research is correct. In Texas, the general rule is that U-turns are perfectly legal unless there is a specific traffic sign prohibiting them (like a "No U-Turn" sign) or if the turn is made in an area with poor visibility, such as near a curve or the crest of a hill. This is grounded in (TX Transp Code § 545.103), which allows a driver to make a U-turn as long as it can be done safely and without interfering with other traffic, and does not require a sign affirmatively permitting the turn. The responding officer's statement that a U-turn is illegal simply because there is no sign permitting it goes against standard Texas traffic laws. Drivers do not need explicit permission via a sign to make a U-turn at an intersection, provided they have a green signal and are not otherwise restricted by posted signs or unsafe visibility conditions.
Right of Way at the Intersection: When a driver is facing a green arrow, they have the right of way to enter the intersection and complete the movement indicated by that arrow. Since your daughter was making a lawful U-turn under a green arrow, she had control of the intersection for that movement. Conversely, a driver turning right on a red light must come to a complete stop and, crucially, must yield the right of way to any other traffic that is lawfully using the intersection. This yield requirement for right turns on red is set out in (TX Transp Code § 544.007(d)), which requires a driver facing a red signal to stop and may only proceed after yielding the right-of-way to other traffic lawfully using the intersection. Because your daughter was operating legally on a green arrow and the other driver was executing a right turn on red, the other driver had a statutory duty to yield to her. The other driver's admission to turning on a red light strongly supports the fact that they failed to yield the right of way, which typically places the fault on them.

Does this make sense to you? I'm happy to clarify or explain things in more detail if you want. Just let me know.

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In Pasadena, TX my daughter made a u turn once her arrow turned green and was hit in the passenger side door by someone who was turning right on red. There are no signs at this intersection prohibiting a u turn. The responding officer cited my daughter for an illegal u turn and deemed my daughter to be at fault for the accident.

The officer stated that the u turn was illegal because there was no sign stating that it was ok to u turn. My searches show that this is not true and the u turn is legal unless there is a sign prohibiting it and that the other driver was likely at fault. Which is true?

Lexi, Chatbot

I understand how frustrating this situation must be for you and your daughter. Can you tell me if there were any witnesses to the accident who could support your daughter's account?

No but in the other driver's statement to the officer he admitted to turning right on red.

Lexi, Chatbot

Have you or your daughter received any documentation regarding the citation or the accident report from the officer?

She has the citation but not an accident report.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your daughter's citation.

No.

Lawyer, Esquire

Hello, welcome to our service. My name is DJ. I've been a lawyer for over 20 years. I understand your daughter was cited for an illegal U-turn after an accident in Pasadena, TX. Is that right?

I see you haven't had a chance to answer my questions, so I will try to provide an answer with the limited information I have. Please understand that this is general information only, and not legal advice. There is no attorney-client relationship between us.

Lawyer, Esquire

Legality of the U-Turn: Your research is correct. In Texas, the general rule is that U-turns are perfectly legal unless there is a specific traffic sign prohibiting them (like a "No U-Turn" sign) or if the turn is made in an area with poor visibility, such as near a curve or the crest of a hill. This is grounded in (TX Transp Code § 545.103), which allows a driver to make a U-turn as long as it can be done safely and without interfering with other traffic, and does not require a sign affirmatively permitting the turn. The responding officer's statement that a U-turn is illegal simply because there is no sign permitting it goes against standard Texas traffic laws. Drivers do not need explicit permission via a sign to make a U-turn at an intersection, provided they have a green signal and are not otherwise restricted by posted signs or unsafe visibility conditions.
Right of Way at the Intersection: When a driver is facing a green arrow, they have the right of way to enter the intersection and complete the movement indicated by that arrow. Since your daughter was making a lawful U-turn under a green arrow, she had control of the intersection for that movement. Conversely, a driver turning right on a red light must come to a complete stop and, crucially, must yield the right of way to any other traffic that is lawfully using the intersection. This yield requirement for right turns on red is set out in (TX Transp Code § 544.007(d)), which requires a driver facing a red signal to stop and may only proceed after yielding the right-of-way to other traffic lawfully using the intersection. Because your daughter was operating legally on a green arrow and the other driver was executing a right turn on red, the other driver had a statutory duty to yield to her. The other driver's admission to turning on a red light strongly supports the fact that they failed to yield the right of way, which typically places the fault on them.

Does this make sense to you? I'm happy to clarify or explain things in more detail if you want. Just let me know.

Absolutely! Thank you so much for your time.

Lawyer, Esquire

Thanks! Good luck to you and your daughter.

Lawyer, Esquire

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