Texas Overtaking Laws

Drivers in Texas have a legal responsibility to only pass and overtake other drivers with care, caution and a conscious effort to prevent automobile accidents. Texas has various laws in place controlling when and how a driver may overtake another vehicle.

It is important to understand these laws so that you can prevent an overtaking car accident, such as a serious head-on collision. For legal assistance with a overtaking accident, contact a car accident attorney in San Antonio for legal assistance.

What Are the Rules When Overtaking Another Vehicle?

Texas Transportation Code § 545.051 is the start of the statutes that deal with how motor vehicle drivers should safely pass or overtake one another. This law imposes general rules when passing to the left or right to keep drivers safe and help prevent car accidents. These rules include:

• When operating on a highway in Texas, passing should only be done to the left of the vehicle being overtaken. Once the vehicle has been safely passed, the driver should return to his or her original lane of travel.
• When passing to the left, an operator shall keep a safe distance and may not move back to the right side of the road until he or she is safely clear of the overtaken vehicle.
• When an operator sees that he or she is being passed by another car, the driver must remain to the right of the passing vehicle and may not accelerate until completely passed.
• An operator may not pass someone else to the left side of the center line of a road unless the road ahead is clearly visible and free of approaching traffic for a sufficient amount of time to permit safe passing.
• A driver who passes by entering into the opposite lane of traffic must return to an authorized lane of travel before coming within 200 feet of an approaching vehicle; otherwise, as soon as practicable.
• An operator may not pass to the left of another vehicle in a no-passing zone, including to the left of any solid pavement stripes designed to mark a no-passing area.

For the most part, passing should be done to the left of the vehicle being overtaken. However, it is legal to pass on the right if conditions are safe, such as if the vehicle being passed is making a left turn and there is sufficient room to get past the stopped car. Drivers cannot pass to the right if it requires them to drive on the shoulder of the road.

Special Laws for Overtaking Certain Vehicles

Under Transportation Code § 545.157, motor vehicle drivers must use special precautions when driving near certain vehicles. This includes emergency vehicles, ambulances, fire trucks, law enforcement vehicles, tow trucks, utility vehicles and Department of Transportation vehicles that are using their lights or sirens. Texas’s Move Over Law requires other drivers to move at least one lane over from the stopped emergency vehicle to help prevent roadside accidents. If changing lanes is not possible, the driver must travel at least 20 miles per hour under the posted speed limit. Only then can the stopped emergency vehicle be overtaken. Texas Transportation Code § 545.066 prohibits overtaking a school bus that is signaling a stop with its signal lamp, flashing red lights, rooftop warning lamp or stop sign arms. All drivers on both sides of a two-lane road are required to come to a complete stop and not to pass the school bus. Drivers may not proceed until the school bus resumes motion or the visual signal is no longer activated.

Understand Your Rights as a Victim of an Overtaking Accident in Texas

Drivers in Texas are required to know and obey the state’s overtaking laws. Failing to follow these laws could lead to an automobile accident and a related claim brought against the driver guilty of the violation. Contact an attorney at Maloney & Campolo to discuss a potential claim with our car accident attorneys at no cost.